The Public Schools Act

The Public Schools Act, C.C.S.M. c. P250 bilingual version (HTML) Table of Contents Section 1 Definitions 1.1 Interpretation: "compulsory school age" 1.2 Interpretation: "bullying" PART I FORMATION, ALTERATION AND DISSOLUTION OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS AND ESTABLISHMENT OF SCHOOL DIVISIONS 2 Authorization of school district 3 Incorporation of school board ALTERATION OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS 4 Government of Canada lands 4.1 Regulations respecting continuance 5 Requests — transfer of land or amalgamation 6 Repealed 7 Alteration of school boundaries 8 Establishment of board of reference 9 Board rules of procedure and powers re hearings and awards 9.1 Use of maps 9.2 Validation of Manitoba Regulation 109/93 9.3 Validation of Manitoba Regulation 61/02 10 Meaning of "school corporation" 11 Transmission without fee 12 Transfer of rights upon creation of new divisions, dissolution of a school corporation IMPLEMENTATION OF SCHOOL DIVISION AND SCHOOL DISTRICT AMALGAMATIONS 12.1 Definitions and interpretation 12.2 Subsequent regulations 12.3 Amalgamation — new divisions 13 Dissolution of remote school district whose schools are closed NORTHERN SCHOOL DIVISION 14 Establishment of school division 15 Limitation on order 16 Appointment of official trustee 17 Local school committees, area advisory committees and school boards 17.1 Frontier Collegiate (Cranberry Portage) advisory committee 18 Powers of official trustee 19 Estimate of approved expenses and revenues 20 Appeal of apportionment 21 Special grants PART I.1 FRANCOPHONE SCHOOL DIVISION DEFINITIONS 21.1 Definitions FRANCOPHONE SCHOOL DIVISION 21.2 Francophone school division 21.3 Act applies to the francophone school division FRANCOPHONE SCHOOL BOARD 21.4 Francophone school board 21.5 Duty to provide programs 21.6 Agreements with other boards 21.7 Promotion of programs and language 21.8 Repealed SCHOOL COMMITTEES 21.9-21.12 Repealed 21.13 School committees 21.14 Repealed ENTITLEMENT TO ATTEND PROGRAMS 21.15 Eligibility and admission 21.16 Admissions committee 21.17 Appeal to the minister SCHOOLS AND PROGRAMS OPERATED BY THE FRANCOPHONE SCHOOL BOARD 21.18 Repealed 21.19 Transfer of programs and schools 21.20-21.21 Repealed 21.22 Transfer of ownership 21.23 Agreements re shared use of school 21.24 Disputes 21.25 Request to transfer school or program 21.26 Hearing and determination 21.27 Transferring programs 21.28 Individual rights preserved 21.29 Discontinuance of programs by provider school boards TRANSPORTATION OF PUPILS 21.30 Transportation of pupils LANGUAGE OF INSTRUCTION AND ADMINISTRATION 21.31 Language of instruction 21.32 Language of administration FINANCIAL MATTERS 21.33 Estimates 21.34 Financial support ELECTING TRUSTEES OF THE FRANCOPHONE SCHOOL BOARD 21.35 Election of trustees 21.36 Electoral divisions 21.36.1 Changes in electoral divisions 21.37 Qualification of voters 21.38 Qualifications of trustees 21.39-21.40 Repealed 21.41 Oath of office 21.42 Repealed REGULATIONS 21.43 Regulations 21.44-21.49 Repealed PART II SCHOOL BOARDS 21.50 General election of school board every four years 22 Qualifications of school trustees 23 Repealed 24 Number of trustees 24.1 Definitions 24.2 Reserve may be prescribed as a ward 24.3 Dissolving a ward 24.4 School board shall not vary ward 25 Term of office of trustees 26 Filling of vacancies 27 Repealed CAMPAIGN FINANCING FOR SCHOOL BOARD ELECTIONS 27.1 Definitions 27.2 Registration of prospective candidate 27.3 Election financing activities prohibited if candidate not registered 27.4 Only individual residents may contribute 27.5 Maximum contribution of $1,500 27.6 Registered candidate may contribute to own campaign 27.7 Contributions that registered candidate must not accept 27.8 Campaign expense limit 27.9 Duties of registered candidate — records 27.10 No loans from registered candidates to others 27.11 Registered candidate to file election finance statement 27.12 Surplus payable to school division or school district 27.13 Offences 27.14 No disqualification — offences OFFICIAL TRUSTEE 28 Appointment, powers and retirement of official trustee MEETINGS OF TRUSTEES 29 First meeting and election of chair 30 Notice of meetings and emergency, open and committee meetings 31 Chairman to preside 32 Vice-chairman to preside 33 Rules of procedure and reversal of decisions 34 Illegal election or vacancy 35 Acts must be done at board meetings TRUSTEE CODE OF CONDUCT 35.1 Code of conduct 35.2 Enforcement of code of conduct 35.3 Appeal to adjudicator 35.4 Regulations 35.5 Special application: breach of confidentiality CONFLICT OF INTEREST 36 Definitions and interpretation 37 Pecuniary interest 38 Trustee to disclose interest at meetings 39 Central record of disclosures 39.1 Reduced quorum 39.2 Voidability of transaction or procedure 39.3 Trustee to file statement of assets and interests 39.4 Insider information 39.5 Right to appear as private citizen 39.6 Disqualification for violation or conviction 39.7 Application re trustee in violation of Act 39.7.1 Trustees' attendance 39.8 Declaration that seat vacant 40 Bonding of officials PART III POWERS AND DUTIES OF SCHOOL BOARDS AND EMPLOYEES OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS DUTIES OF SCHOOL BOARDS 41 Certain duties of school boards 41.1 Accumulated deficit 42 Annual estimates of expenses and revenues PUPIL FILES 42.1 Storage of information 42.2 Definition of "pupil file" 42.3 Access to pupil file 42.4 Appeal to court 42.5 Objection to information on pupil file 42.6 Disclosure in good faith TRANSPORTATION OF PUPILS 43 Provision and limitations 43.1 Extended travel times 44 Insurance required 45 Minister may deduct premium from grant 46 Regulations re transportation 47 Approval of transportation SAFE SCHOOLS 47.1 Codes of conduct and emergency response plans 47.1.1 Reporting of unacceptable conduct 47.1.2 Expanded duty to report cyberbullying 47.1.2.1 Appropriate and inappropriate interactions policy and abuse prevention programs FOOD PROVIDED AT SCHOOLS 47.1.3 School division or district to provide free nutrition program 47.1.4 Publicly available information 47.1.5 Annual report — nutrition programs 47.1.6 Regulations 47.1.7 Ministerial salary reduced if requirements amended or repealed 47.2 Artificial trans fat banned in schools ANAPHYLAXIS 47.3 Anaphylaxis policy COMMUNITY USE OF SCHOOLS 47.4 Community use policy POWERS OF SCHOOL BOARDS 48 General powers re students and teachers 48.1 Rights of teachers re elections 49 Agreement re regional vocational schools 50 Pensions for non-teachers SUPERINTENDENT 51 Appointment of superintendent 51.1 Duties of superintendent 52 Delegation of powers and duties to superintendent 52.1 Chief superintendent of northern school division SECRETARY-TREASURER 53 Appointment of secretary-treasurer 54 Powers of auditors 55 Recording of minutes PRINCIPALS 55.1 Duties of principal 55.2 Consultation re annual school plan 55.3 Information to parents re parent involvement GENERAL PROVISIONS 56 Annual indemnity and expenditures 57 Alteration of wards and numbers of trustees 57.1 Restriction re at large elections 58 Appeal against action of school board PART III.1 PARENTS AND PUPILS ACCESS TO SCHOOLS AND PROGRAMS 58.1 Definition of "parent" 58.2 Program information etc. 58.3 Pupil enrolment 58.4 Enrolment by school 58.5 Regulations RIGHTS AND RESPONSIBILITIES OF PARENTS AND PUPILS 58.6 Rights of parents 58.7 Responsibilities of parents 58.8 Responsibility for damage 58.9 Rights of pupils 58.10 Responsibilities of pupils PART IV AGREEMENTS WITH INDEPENDENT SCHOOLS 59 Independent school defined 60 Agreement for transportation and other services PART V SCHOOL SITES, BUILDINGS AND OTHER PROPERTY SCHOOL SITES 61 Selection of school site 62 Purchase and expropriation 63 Payment of encumbrance out of purchase money 64 Deposit of money with Minister of Finance 65 By-law for expropriation 66 Exemption — building restrictions and development schemes 67 Sale of school site or other property 67.1 Authority for disposal of land 68 Disposal of mines and minerals 68.1 Repealed 68.2 Notice of intention to dispose of land PEDESTRIAN SAFETY 68.3 Pedestrian safety part of school design 68.4 Notice to traffic authority 68.5 Temporary safety measures BUILDINGS AND OTHER PROPERTY 69 Powers of school board re school property 70 Purchasing procedures 71 Ownership of personal property 72 Duties of school board re custody of school property 73 Use of school properties 73.1 Agreements re Internet services 74 Approval to acquire property PART VI CONDUCT OF SCHOOLS 75 Tuition fees 76 Regulations re school year, vacations and school hours 77 Application of regulations 78 Holidays LANGUAGES OF INSTRUCTION 79 Languages of instruction INSTRUCTION IN RELIGION 80 Authorization for instruction in religion 81 Hours of instruction in religion 82 Non-participation in instruction in religion 83 Regulations RELIGIOUS EXERCISES AND PATRIOTIC OBSERVANCES 84 Schools to be non-sectarian, exceptions 85 National anthem 85.1 Citizenship exercises 85.2 Remembrance Day observance 85.3 Regulations ACCIDENTS 86 Exemption from liability in certain cases 87 Defective apparatus 88 Exemption from liability for accidents in work education programs 89 No action arising out of school patrol 90 Permitting pupils with eyeglasses to participate in sports not negligence PART VII TEACHERS 91 Certified teachers and principals 92 Teachers' agreements 92.1 Access to personnel records 93-95 Repealed 96 Duties of teacher PART VIII TEACHER COLLECTIVE BARGAINING DIVISION 1 — GENERAL 97 Definitions 97.1 Application — Manitoba Institute of Trades and Technology 98 Labour Relations Act applies 99 Division does not apply to the Crown COLLECTIVE BARGAINING 99.1 Application 99.2 School division or school district is employer 99.3 Teachers' bargaining agent 99.4 Replacement of teachers' bargaining agent 99.5 Exclusive authority of teachers' bargaining agent 99.6 Employers organization for school divisions and school districts 99.7 Appointment of employer bargaining representative 99.8 Employer bargaining representative 99.9 Voting process for employers organization 99.10 Regulation requiring payment of fees TEACHERS' COLLECTIVE AGREEMENTS 99.11 Teachers' collective agreements ARBITRATION PROCEEDINGS 99.12 Meaning of "party" for arbitration proceedings 100 When arbitration may be initiated 101 Terms and conditions of agreement continue in effect 102 Provision for final settlement of disputes in bargaining 103 Deemed final settlement provision 104 Repealed ARBITRATION AWARD 105 Time limit, content and notice 106 Award binding 107 Clarification of award 108 Collective agreement following award 109 Collective agreement binding STRIKES AND LOCKOUTS PROHIBITED 110 Strike by teachers prohibited 110.1-110.2 Repealed 111 Lockout by school division or school district prohibited 112 Offences and penalties DIVISION 2 — FRANCOPHONE SCHOOL DIVISION 112.1 Francophone school division 113-170 Repealed PART IX GRANTS AND LEVIES EDUCATION SUPPORT PROGRAM 171 Definitions 172 Application of Part in L.G.D.'s and special localities 172.1 Assessment data CAPITAL SUPPORT PROGRAM 172.2 Administration of capital support program 172.3 Notice of capital support OPERATIONAL SUPPORT PROGRAM 172.4 Administration of operational support program 172.5 Notice of operational support 172.6 Reports, etc. from school divisions 173 Providing financial support to school divisions 173.1 Repealed 174 Renumbered as section 67.1 174.1 Renumbered as section 194.1 175-177 Repealed SCHOOL BOARD BUDGETS 178 Budget consultations 179 Review of estimates 180 Repealed EDUCATION SUPPORT LEVY 181 Amount to be raised by education support levy 182 Amount to be raised by municipality 183 Statement to municipalities 184 Council to impose education support levy 185 Remittance of education support levy SPECIAL LEVY 186 Notice to school divisions by minister 186.1-186.2 Repealed 187 Statement to municipalities re funding 188 Special levy in municipalities 189 Municipal allowance remitted to school division 190 Interest charges on overdue remittances 190.1 Transfer of special levy to francophone school division VARIATION OF APPORTIONMENT 191 Appeal of division apportionment REGULATIONS 191.1 Regulations 192 Repealed PART X OTHER FINANCIAL PROVISIONS 193 Regulations re grants 194 Regulations re evening and other programs 194.1 Definition: "administrative costs" 195 Payment of grants 196 Grants to educational organizations 196.1 Repealed 197 Special grants 198 Authorized closures 199 Moneys payable to school divisions a debt of municipality 200 Authority for reserves 201 Investing money not required immediately 202 Moneys in trust fund 203-204 Repealed 205 Public institutions supported by government 206 School facilities in unorganized territory 207 Minister to have powers of trustees 208 School must be conducted according to law 209-210 Repealed 211 Children attending another school RESPONSIBILITY FOR SCHOOL MONEYS 212 Responsibility for school moneys PART XI BORROWING 213-223 Repealed 223.1 Borrowing restricted 223.2 Short-term borrowing 223.3 Long-term borrowing 223.4 Advance out of Consolidated Fund 223.5 Securities 223.6 Debt repayment 223.7 Agreement about terms and conditions 223.8 Minister of Finance as agent 223.9 Short-term borrowing in other currencies 223.10 Transitional — existing debentures or other securities PART XII PROHIBITIONS AND PENALTIES 224 Making false report an offence 225 Personal liability of trustees 226 Penalty 227 Repealed 228 Field representative not to be trustee but may be official trustee 229 Penalty re flag pole 230 Acting as agent forbidden 231 Disturbing school an offence 232 Exclusion of pupils for infectious diseases 233 Penalty for contravening section 232 234 Penalty for failure to secure proper treatment 235 Penalty for failure to have child examined 236 Prohibition and penalty for offensive weapons 237 Penalty for violation of the Act 238 Giving false information and penalty PART XIII SPECIAL PROCEEDINGS ADMINISTRATION OF SCHOOLS IN UNORGANIZED TERRITORY 239 Voters list in unorganized territory 240 Repealed CENSUS 241 Census of school children 242 Information to be given to officers COMMISSION OF INQUIRY 243 Appointment of commission to hold inquiry and take evidence 244 Compelling attendance of witnesses ARBITRATIONS 245 Appointment of arbitrator 246 Validity of proceedings FAILURE TO ACCOUNT 247 Application to court for documents 248 Issuing of order by judge 249 Powers of field representative 250 Appeal from field representative's findings 251-257 Repealed PART XIV SCHOOL ATTENDANCE 258 Repealed 259 Right to attend school 259.1 Requirement to attend school 260 Responsibility to send child to school 260.1 Notification to the minister 261 Exclusion of pupils for disease 262 Exemption from liability for not sending child to school 262.1 Transition: persons who have already stopped attending school 262.2 Regulations: participation in alternative activities and programs 263 Employment of children prohibited 264 Designation and jurisdiction of school attendance officers and rules 265 Powers of field representative 266 Absences to be reported 267 Right to enter and conduct child to school 268 Notice to parents and bond 269 Access to records by attendance officer 270 Furnishing of information 271 Prosecutions before provincial judge 272 Effect of certificate 273 Proceedings instituted by school attendance officer 274 Appeal 275 No quashing of order or conviction for want of form 276 Regulations 277-278 Repealed 279 Commencement Schedule A Department of Education and Early Childhood Learning — The Public Schools Act B Department of Education and Early Childhood Learning — The Public Schools Act C Department of Education and Early Childhood Learning — The Public Schools Act D Affidavit of Qualification and Oath of Office and Allegiance of Trustees of School Divisions and School Districts WHEREAS a strong public school system is a fundamental element of a democratic society; AND WHEREAS the purpose of the public school system is to serve the best educational interests of students; AND WHEREAS the public school system should contribute to the development of students' talents and abilities; AND WHEREAS public schools should contribute to the development of a fair, compassionate, healthy and prosperous society; AND WHEREAS the public school system must take into account the diverse needs and interests of the people of Manitoba; AND WHEREAS democratic local school divisions and districts play an important role in providing public education that is responsive to local needs and conditions; AND WHEREAS parents have a right and a responsibility to be knowledgeable about and participate in the education of their children; AND WHEREAS public schools require skilled and committed staff in order to be effective; AND WHEREAS it is in the public interest to further harmonious relations between teachers and their employers through a process of collective bargaining consistent with the principle that resources must be managed efficiently and effectively; AND WHEREAS the Province of Manitoba and school divisions and districts share responsibility for the financing of the public schools; S.M. 2000, c. 43, s. 2 . HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1(1) In this Act, "board of reference" means The Board of Reference established under this Act; (« Commission des renvois ») "bullying" means bullying as defined in section 1.2; (« intimidation ») "common-law partner" of a person means a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship of some permanence; (« conjoint de fait ») "course" means a specific unit of study; (« cours ») "department" means "department" as defined in The Education Administration Act ; (« ministère ») "family" includes a common-law partner; (« famille ») "field representative" means a member of the staff of the department who is given responsibilities under this Act; (« représentant régional ») "fiscal year" means a fiscal year commencing on July 1 of any year and ending on June 30 of the year immediately following; (« exercice ») "francophone school board" means the board of trustees of the francophone school division; (« commission scolaire de langue française ») "francophone school division" means the francophone school division established under Part I.1; (« division scolaire de langue française ») "general election" has the same meaning as in section 1 of The Municipal Councils and School Boards Elections Act ; (« élections générales ») "legal guardian" means a person appointed or recognized as the guardian of a child under The Child and Family Services Act , The Family Law Act or The Court of King's Bench Surrogate Practice Act ; (« tuteur ») "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre ») "nutrition program" means a school program that provides meals or snacks or both to pupils each school day; (« programme d'alimentation ») "program" means a series or group of courses leading to a statement of standing; (« programme ») "public school" means an institution for educational purposes established and maintained under this Act or The Education Administration Act ; (« école publique ») "regulations" means regulations made by the Lieutenant Governor in Council or by the minister under the authority of any Act of the Legislature; (« règlements ») "resident" , as used to refer to or describe a person living in a particular school division or school district, means a person who has his chief place of abode or dwelling in that school division or school district; (« résident ») "resident pupil" as used to refer to or describe a pupil in a particular school division or school district, means a pupil (a) who resides with their parent or legal guardian who is a resident in the school division or school district if the parent or legal guardian (i) is a Canadian citizen or permanent resident as defined in the Immigration and Refugee Protection Act (Canada), (ii) is a member of a visiting force under the Visiting Forces Act (Canada), or (iii) holds a work or study permit under the Immigration and Refugee Protection Act (Canada), or (a.1) who becomes a resident in the school division or school district by reason of living with a responsible adult who is not their parent or legal guardian if their parent or legal guardian is a Canadian citizen or permanent resident as defined in the Immigration and Refugee Protection Act (Canada) and resides in Canada, or (a.2) who or whose parent or legal guardian is claiming refugee protection or has had the protection conferred to them under the Immigration and Refugee Protection Act (Canada), or (b) who has attained the age of 18 years and is a Canadian citizen or permanent resident as defined in the Immigration and Refugee Protection Act (Canada) resident therein, or (c) who, by reason of being dealt with under any provision of The Child and Family Services Act or the Youth Criminal Justice Act (Canada), becomes a resident therein, or (c.1) who, by reason of being dealt with under a provision respecting child and family services in an Indigenous law as defined in The Child and Family Services Act , becomes a resident therein, or (d) who is designated in writing by the minister as a resident therein; (« élève résident ») "review commission" means The Boundaries Review Commission for which provision is made in this Act; (« Commission de révision ») "school" means a public school; (« école ») "school board" means the board of trustees of a school division or a school district; (« commission scolaire ») "school building" includes the buildings required or used in a school division or school district for the imparting of instruction or for offices or other public school purposes; but does not include a building, or a part thereof, constructed, designed, or used solely or chiefly for administrative functions of the school division or school district other than those exercised by principals and teachers; (« bâtiment scolaire ») "school district" means a school district which is not designated by the minister as a remote school district; (« district scolaire ») "school division" means a school division having the responsibility of providing for elementary and secondary public school education and includes a remote school district as designated in subsection 3(4) but does not include a school district; (« division scolaire ») "school moneys" means moneys that are the property of, or are payable to, a school division or a school district; (« deniers scolaires ») "school site" means, subject to the regulations, the area of land required set aside or used by a school division or a school district for the school building, teachers' residence, students' residence, offices, or playground, or any one or more of them and includes any area of land required set aside or used for parking purposes; (« emplacement scolaire ») "student teacher" means a student engaged in practice teaching while enrolled in teacher education in a recognized teacher education institution; (« élève enseignant ») "support" means financial support provided to a school division under the capital support program or the operational support program established under Part IX; (« aide ») "teacher" means a person who holds a valid and subsisting teacher's certificate or a limited teaching permit issued under The Education Administration Act , or who is authorized by the minister to teach in a school; (« enseignant ») "traffic authority" means a traffic authority as defined in The Highway Traffic Act ; (« autorité chargée de la circulation ») "trustee" means a member of a school board of a school division or school district; (« commissaire ») "unorganized territory" means any portion of the province not included within a municipality; (« territoire non organisé ») "voter" means a person eligible under section 21 or 21.1 of The Municipal Councils and School Boards Elections Act to vote at an election of trustees; (« électeur ») "year" means a calendar year. (« année ») . Registered common-law relationship 1(2) For the purposes of this Act, while they are cohabiting, persons who have registered their common-law relationship under section 13.1 of The Vital Statistics Act are deemed to be cohabiting in a conjugal relationship of some permanence. R.S.M. 1987 Supp., c. 26, s. 1 ; S.M. 1988-89, c. 13, s. 36 ; S.M. 1989-90, c. 49, s. 2 ; S.M. 1991-92, c. 20, s. 2 and 3; S.M. 1993, c. 33, s. 2 ; S.M. 1998, c. 35, s. 2 ; S.M. 2002, c. 24, s. 50 ; S.M. 2002, c. 48, s. 28 ; S.M. 2004, c. 15, s. 2 ; S.M. 2004, c. 42, s. 93 ; S.M. 2005, c. 27, s. 162 ; S.M. 2013, c. 6, s. 2 ; S.M. 2015, c. 21, s. 2 ; S.M. 2020, c. 21, s. 100 ; S.M. 2022, c. 15, Sch. A, s. 120 ; S.M. 2023, c. 26, s. 71 ; S.M. 2023, c. 28, s. 13 ; S.M. 2024, c. 34, s. 2 ; S.M. 2025, c. 14, s. 4 ; S.M. 2025, c. 15, s. 2 ; S.M. 2025, c. 47, s. 6 . Interpretation: "compulsory school age" 1.1 For the purpose of this Act, an individual is a child of compulsory school age if he or she (a) is, at the beginning of the fall term in a year, (i) six years of age or older, or (ii) five years of age, but will turn six on or before December 31 of that year; and (b) is younger than 18 years of age. S.M. 2011, c. 3, s. 2 ; S.M. 2024, c. 34, s. 3 . Interpretation: "bullying" 1.2(1) In this Act, "bullying" is behaviour that is intended to (a) cause, or should be known to cause, fear, intimidation, humiliation, distress or other forms of harm to another person's body, feelings, self-esteem, reputation or property; or (b) create, or should be known to create, a negative or unsafe school environment for (i) another person, or (ii) a group or class of persons, on the basis of any characteristic set out in subsection 9(2) of The Human Rights Code . Characteristics and forms 1.2(2) Bullying (a) characteristically takes place in a context of a real or perceived power imbalance between the people involved and is typically, but need not be, repeated behaviour; (b) may be direct or indirect; and (c) may take place (i) through any form of expression, whether or not the expression was created by a person with the assistance of artificial intelligence, including written, visual, verbal, auditory or physical expression, or (ii) by means of any form of electronic communication — also referred to as cyberbullying in section 47.1.2 — including social media, text messaging, instant messaging, websites or e-mail. When does a person participate in bullying? 1.2(3) A person participates in bullying if he or she directly carries out the bullying behaviour or intentionally assists or encourages the bullying behaviour in any way. S.M. 2013, c. 6, s. 3 ; S.M. 2026, c. 31, s. 2 . PART I FORMATION, ALTERATION AND DISSOLUTION OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS ESTABLISHMENT OF SCHOOL DIVISIONS School districts authorized 2(1) Subject to section 4, the Lieutenant Governor in Council may by regulation, from any portion of the province that is not within a school division or school district (a) establish a school district or a remote school district; (b) declare any territory to be a school district or a remote school district; or (c) add territory to any school district or remote school district. Contents of regulation 2(2) A regulation made under subsection (1) shall (a) where a school district or remote school district is established or a territory is declared to be a school district or remote school district, specify its establishment and provide for the matters described in clauses 9(6.2)⁠(a) to (d); and (b) where a territory is added to a school district or remote school district, specify the matters described in clauses 9(6.2)⁠(b) and (c). 2(3) [Repealed] S.M. 2005, c. 27, s. 162 . S.M. 1988-89, c. 15, s. 16 and 17; S.M. 2002, c. 8, s. 2 ; S.M. 2005, c. 27, s. 162 . Incorporation 3(1) Every school board is a body corporate under the name "The School Division", or "The School District of ". 3(2) [Repealed] S.M. 2002, c. 8, s. 3 . Powers of school board 3(3) From the effective date of its incorporation, a school board has the powers granted to it, and is responsible for the performance of the duties and is subject to the liabilities charged upon it, under this Act. Remote school district 3(4) The minister, by regulation, may designate a school district as a remote school district. Change of name 3(5) The minister may by regulation change the name of a school division or school district. S.M. 1988-89, c. 15, s. 18 and 19; S.M. 2002, c. 8, s. 3 . ALTERATION OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS Government of Canada lands 4 The minister shall not include in a school division on its establishment, or add to a school division previously established, any land owned by or under lease to the Government of Canada, unless the Government of Canada has entered into an agreement with the Government of Manitoba to make an annual grant, for the purposes of the school division in which the land is to be included, of an amount equal to an amount that would be raised by a levy on the land being so included, on the basis of the equalized assessment established for the school division by the Municipal Board or the Provincial Municipal Assessor, at the rates that under the appropriate sections of Part IX would apply to the school division; and the Government of Manitoba may enter into such an agreement. Regulations respecting continuance 4.1(1) The board of reference may make regulations (a) continuing a school district or school division; and (b) confirming, for a school district or school division (i) its name, (ii) its boundaries or area, (iii) the number of wards into which it is divided and the boundaries or area of each ward, and (iv) the number of trustees in each ward, unless, in the case of subclauses (iii) and (iv), a by-law of the school board has been passed as provided in section 57. Sections 5, 9(3) to (12) do not apply 4.1(2) Section 5 and subsections 9(3) to 9(12) do not apply to a regulation made under subsection (1). 4.1(3) [Repealed] S.M. 2002, c. 8, s. 4 . S.M. 1988-89, c. 15, s. 20 ; S.M. 2002, c. 8, s. 4 . Requests — transfer of land or amalgamation 5 The secretary of the board of reference must arrange for the board to hold a hearing under section 9 if he or she receives a written request from (a) a person who owns a parcel of land requesting that it be transferred from one school division or school district to another, or if it is not in a school division or school district that it be added to one; (b) the council of a band, as defined in the Indian Act (Canada), requesting that reserve land that is in a school division or school district be removed; (c) the minister requesting that land be transferred from one school division or school district to another, or that land that is not in a school division or school district be added to an existing school division or school district; or (d) two or more school divisions or school districts requesting jointly that they be amalgamated to form one or more new school divisions or school districts. S.M. 2002, c. 8, s. 5 . 6 [Repealed] S.M. 2002, c. 8, s. 6 . Alteration of school boundaries by minister 7(1) Subject to subsections (2) and (3) and notwithstanding any other provision of this Act or anything done thereunder, the minister may, by regulation, (a) add territory to or withdraw territory from any school division or school district established under this Act; (b) amalgamate any two or more school divisions or school districts established under this Act. Prerequisite to alteration of boundaries by minister 7(2) The minister shall not exercise any of the powers conferred by subsection (1) except after a review by and the receipt of a recommendation from the review commission, but this subsection does not affect any power conferred on the minister by section 14. Confirmation by LG in C 7(3) A regulation made by the minister under subsection (1) that affects the boundaries of a school district or remote school district established, declared or enlarged under subsection 2(1) is of no force or effect unless and until confirmed by a regulation of the Lieutenant Governor in Council, and the Lieutenant Governor in Council may make such a regulation. Establishment of review commission 7(4) The minister may, by regulation, (a) establish a commission, to be known as The Boundaries Review Commission, consisting of such persons as the minister may appoint as the members thereof; (b) fix the term of office of each member of the review commission; (c) prescribe rules of procedure that shall govern the operations of the review commission; (d) make such other provisions respecting the review commission as the minister deems necessary. Function and duties of review commission 7(5) The review commission is under the direction of the minister and shall (a) whenever so instructed by the minister but subject to subsection (6), conduct a review of the boundaries of all or any of the school divisions or school districts in the province as the minister may require; (b) after a review under clause (a), make recommendations to the minister respecting the alteration of the boundaries reviewed; (c) perform such other functions and carry out such other duties respecting the boundaries of school divisions or school districts as the minister may require. Suspension of board of reference operations 7(6) The Lieutenant Governor in Council may, by order, suspend, for the duration of any review of boundaries proposed to be conducted by the review commission under subsection (5), all operations of the board of reference affecting or relating to boundaries of school divisions or school districts, and the review commission shall not conduct the review unless and until such an order is made. Remuneration 7(7) Each member of the review commission shall receive such remuneration for services performed as the Lieutenant Governor in Council may approve and reimbursement for reasonable out-of-pocket expenses necessarily incurred in performing those services. Powers under The Evidence Act 7(8) For the purpose of carrying out their functions and duties under this Act, the members of the review commission have all the powers and protection of commissioners appointed under The Manitoba Evidence Act . S.M. 1988-89, c. 15, s. 21 ; S.M. 1991-92, c. 20, s. 4 . Establishment of board of reference 8(1) The Lieutenant Governor in Council may establish a board of reference consisting of such number of persons as the Lieutenant Governor in Council may determine, which shall have jurisdiction as designated in the order creating it and as may otherwise be conferred upon it under this Act and the regulations. Term of office 8(2) A member of the board of reference shall hold office for such term as may be fixed in the order appointing him, not exceeding two years, but a member may be appointed for a further term. Quorum 8(3) In the order establishing the board of reference, the Lieutenant Governor in Council shall fix the number of members thereof that constitute a quorum. Remuneration 8(4) Each member of the board of reference, other than a person who is in receipt of remuneration for duties performed (a) as an employee of the government; or (b) as a member or employee of a board, commission, corporation or other similar body that is appointed or controlled by, or is under the authority or direction of the government; may be paid such remuneration as may be fixed by the Lieutenant Governor in Council; and each member of the board of reference may be paid the amount of such out-of-pocket expenses necessarily incurred by him in discharging his duties as a member of the board of reference as may be approved by the Minister of Finance. Secretary of board of reference 8(5) The minister may designate an employee of the department to act as the secretary of the board of reference. S.M. 2021, c. 11, s. 121 . Rules of procedure 9(1) The board of reference may, subject as herein provided, make rules to govern its own procedure. Powers under Manitoba Evidence Act 9(2) The members of the board of reference, for the purpose of carrying out their duties and functions under this Act and the regulations have all the powers and protection of commissioners appointed under The Manitoba Evidence Act . Fixing date of hearing 9(3) If a request is made or a matter is referred to the board of reference under this Act or another Act, the board shall fix the date on which, and the time and place at which, it will hold a hearing with respect to the matter and the date so fixed shall be not less than two weeks after the date of the mailing or of the publication of notices as hereinafter required, whichever date is the later. Notices of hearings 9(4) The board of reference shall send by mail (a) to each school board named in the matter referred; (b) to the council of each municipality that, or any part of which, is within a school division or school or school district named in the matter referred; (c) to the resident administrator of each local government district involved; (d) to the council of the Indian Band concerned; and (e) to the owner of each parcel of land, mentioned in the matter referred, wherever practical; (f) [repealed] S.M. 2002, c. 8, s. 7 ; a written notice giving a brief description of the matter referred and stating the date on which, and the time and place at which, it will be considered and the board of reference shall also cause a copy of the notice to be published at least once in a newspaper having a circulation in the area in which the municipalities, school divisions or school districts, interested in the matter are situated. Hearing 9(5) On the date, and at the time and place stated in the notice, the board of reference shall sit and hear any person interested in the matter or any person on his behalf. Limitations on board transferring land 9(5.1) The board of reference may make an award in respect of a request under clause 5(a), (b) or (c) only if the board is satisfied that the transfer, addition or removal of land (a) is for an educational purpose; (b) does not result in rights, property, debts, obligations, liabilities or employees of a school division or school district being transferred to another school division or school district without the consent of the respective school divisions or school districts; and (c) does not have a materially detrimental impact on the ability of either of the affected school divisions or school districts to meet the educational needs of pupils within their boundaries or area. Award of the board 9(6) After a hearing, the board of reference must, (a) if the matter was referred to it under section 5, determine if the request should be granted in whole or in part, or be rejected; and (b) if the matter was referred to it under subsection 24(3) or 58(1), establish for the purpose of the next general election (i) the wards into which the division is to be divided for electoral purposes, and the boundaries of each ward, (ii) the total number of trustees, which must not be fewer than five or more than nine, and (iii) the number of trustees to be elected in each ward. Content of award — land 9(6.1) An award of the board under clause 5(a), (b) or (c) must (a) specify the territory being transferred, added or removed and establish the boundaries or area of the affected school divisions and school districts; and (b) give any other orders and directions that may be necessary to dispose of the matter. Content of award — amalgamation 9(6.2) An award of the board under clause 5(d) that forms a new school division or school district by amalgamating school divisions or school districts, or both, (a) must specify the name of the division or district formed, and specify the effective date of its formation and the incorporation of its school board; (b) must establish its boundaries or area; (c) must establish (i) the wards into which it is to be divided for electoral purposes, and the boundaries of each ward, (ii) the total number of trustees, which must not be fewer than five or more than nine, and (iii) the number of trustees to be elected in each ward; (d) must, pending the next general election, (i) provide for the first election of trustees, including making all arrangements for that election in accordance with subsection 152(2) of The Municipal Councils and School Boards Elections Act , or (ii) establish an interim school board, including providing for any matter specified in subclauses 12.2(b)⁠(i) to (v); (e) must dissolve the school boards of the divisions and districts that participated in the amalgamation; (f) may make provision for the transfer of rights and property, debts, obligations and liabilities, and employees; (g) may fix the costs of the hearing, and specify the persons by whom they are payable; and (h) may give any other orders and directions that may be necessary to dispose of the matter. Award is final 9(7) An award of the board of reference is final and has effect in accordance with its terms. But this subsection does not preclude an application to the Court of King's Bench for judicial review respecting the award. Award filed as regulation 9(7.1) The board of reference shall file those portions of an award which deal with those matters set out in clauses (6)⁠(b), (6.1)⁠(a) and (6.2)⁠(a) to (e) as a regulation under The Statutes and Regulations Act . 9(7.2) and (7.3) [Repealed] S.M. 2002, c. 8, s. 7 . Board not to make award for specified period 9(8) Despite section 5 and subsection 9(3), the board must not hold a hearing or make an award in respect of (a) a matter that is the same as or similar to a matter referred to it under clause 5(a) or (b) in the preceding three years; or (b) the boundaries, area or any territory of a school division or school district, in the first three years after it is amalgamated, formed or continued by regulation under section 7. Circumstances when restriction does not apply 9(8.1) Subsection (8) does not apply to a request made by (a) the minister under clause 5(c); or (b) two or more school divisions or school districts under clause 5(d). 9(9) [Repealed] S.M. 2002, c. 8, s. 7 . Notification of award 9(10) The board of reference shall cause a copy of each award made by it to be sent to (a) the minister; (b) each municipality, each local government district and each school division or school district affected by the award or that has an interest therein; (c) the council of each Indian Band referred to in the award; and (d) the owner of each parcel of land, wherever practical, specified in the award; (e) [repealed] S.M. 2002, c. 8, s. 7 . Board may require vote 9(11) Before making a decision on a matter referred to it under sections 5 or 13, the board of reference may require that the voters within the affected territory vote on the matter. When vote required 9(12) When a vote is required under subsection (11), (a) the board of reference must designate the senior election official responsible for conducting the vote; and (b) the vote on the matter is a vote on a question under The Municipal Councils and School Boards Elections Act . S.M. 1988-89, c. 15, s. 22 and 23; S.M. 2002, c. 8, s. 7 ; S.M. 2005, c. 27, s. 162 ; S.M. 2010, c. 21, s. 2 ; S.M. 2013, c. 39, Sch. A, s. 81 . Use of maps 9.1 A school division, school district, remote school district, northern school division or the francophone school division is sufficiently described if its boundaries are shown or its area is indicated on a map adopted or incorporated by reference in the regulation. S.M. 1988-89, c. 15, s. 24 ; S.M. 1993, c. 33, s. 4 . Validation of Manitoba Regulation 109/93 9.2 The School Divisions and Districts Establishment Regulation , Manitoba Regulation 109/93, is validated and declared to have been lawfully made, and (a) every award of the board of reference made after December 13, 1988 and before the coming into force of this section that would have been lawful had that portion of the award that is required to be registered as a regulation been registered under The Regulations Act as soon as the award had effect under subsection 9(7); and (b) everything done pursuant to any award described in clause (a) that would have been lawfully done had that portion of the award required to be registered as a regulation been registered as described in clause (a); is validated and declared to have been lawfully made or done. S.M. 1993, c. 48, s. 32 . Validation of Manitoba Regulation 61/02 9.3 The School Division and School District Amalgamation (2002) Regulation , Manitoba Regulation 61/02, made by the minister and confirmed by the Lieutenant Governor in Council in the School Districts Amalgamation (2002) Confirmation Regulation , Manitoba Regulation 63/02, in accordance with section 7 is validated and declared to have been lawfully made, and everything done pursuant to that regulation is validated and declared to have been lawfully done. S.M. 2002, c. 8, s. 8 . Meaning of "school corporation" 10 For the purposes of sections 11 and 12, the expression "school corporation" means a school division or a school district. Transmission, etc. without fee 11 Where the title to any land that is registered in the name of a school corporation becomes, under any provision of this Act, vested in another school corporation (a) every application for transmission and every other instrument under The Real Property Act , required to be registered or filed in order to permit the issue of a certificate of title to the land in the name of the other school corporation; and (b) every deed or other instrument under The Registry Act required to be registered in order to evidence the transfer of the title of the land to the other school corporation; if properly executed and completed as required by law, shall be registered or filed by the district registrar of the proper land titles office, without charge or payment of any fee for transmission, registration, filing or otherwise. Transfers of rights, etc. on creation of new school divisions 12(1) On the date on which the new school board of (a) a new school division; or (b) a school district that has been declared to be a school division; or (c) a school division that has been formed by the consolidation of two or more school divisions or school districts; takes office, every teacher who was employed by a school corporation within the new school division shall be deemed to be employed by and his contract assigned to, the new school corporation without any loss or abatement of the rights, privileges and obligations conferred upon or enjoyed by the teacher prior to that date. Rights, duties and obligations of new school corporation 12(2) The new school corporation referred to in subsection (1) has the same rights, duties and obligations with respect to the teacher deemed to be employed by it as the school corporation by which he was formerly employed had, whether under contract, by virtue of any Act or otherwise, immediately prior to the date on which the new school board took office. Transfer of special moneys to L.G.D.

12(3) Where a school corporation is dissolved by an award or order of the board of reference or by a regulation made under section 12.2, if the school corporation has among its assets moneys received under The Unconditional Grants Act , those moneys shall be transferred by the school corporation to the resident administrator of the local government district in which the school corporation was situated to be used for the purposes of providing and maintaining municipal services in the area previously comprising the school corporation and, if a dispute arises in respect of the moneys or the amount thereof, the matter shall be referred by the minister to the board of reference and its decision in respect thereof is final and binding on all persons affected thereby. Disposition of property on school site 12(4) Where a school corporation is dissolved by an award or order of the board of reference or by a regulation made under section 12.2, if on property previously owned by the school corporation, there is situated a fixture or other property, real or personal, which did not belong to the school corporation, the minister may refer to the board of reference established under section 8 the matter of the disposal of the fixture or other property so situated on the property previously owned by the school corporation and its decision in respect thereof is final and binding on all persons affected thereby. Audit of school division or school district 12(5) Where a school corporation is dissolved, the secretary-treasurer of the school corporation shall forthwith turn over to the auditor of the school corporation, or if there is no auditor, to an auditor appointed by the minister, all books, documents and records of the school corporation and the auditor shall audit the books and records of the school corporation, and shall forward them, together with his report on the audit, to the school corporation which shall pay the costs of the audit. S.M. 2002, c. 8, s. 9 . IMPLEMENTATION OF SCHOOL DIVISION AND SCHOOL DISTRICT AMALGAMATIONS Definitions 12.1(1) In this section and in sections 12.2 and 12.3, "former division" means a school division or school district that, by a regulation made under section 7, (a) has been amalgamated with one or more school divisions or school districts to form a new division, or (b) has had all its territory amalgamated with two or more new divisions; (« ancienne division ») "new division" means a school division or school district that, by a regulation made under section 7, (a) is formed as a result of the amalgamation of two or more former divisions, or (b) is continued with an enlarged territory as a result of being amalgamated with (i) one or more former divisions, or (ii) parts of the territory of one or more former divisions. (« nouvelle division ») Interpretation 12.1(2) In subsection (1), "school division" or "school district" includes, if the context requires, the school board of the school division or school district. S.M. 2002, c. 8, s. 10 . Subsequent regulations 12.2(1) After making a regulation under section 7, the minister may make a subsequent regulation or regulations that include provisions (a) specifying the effective date of the formation of a new division and the incorporation of its school board; (b) establishing, pending the next general election, an interim school board for a new division, including (i) deeming the interim board of the new division to be the successor of the school boards of the former divisions, (ii) establishing the number of trustees on the interim board, which number may be greater than nine, (iii) establishing the eligibility and residency qualifications applicable to trustees serving on the interim board, (iv) providing for the appointment of trustees to the interim board of the new division, and (v) dissolving the school board of a former division; (c) that the minister considers necessary or advisable respecting transitional matters, including (i) preventing disruption in the education of pupils as a result of the formation, continuation, amalgamation, or dissolution of one or more new or former divisions, (ii) varying or altering a new or former division's fiscal year and the timing and scope of its financial reporting and audits required under this Act for the fiscal year of amalgamation and the next, (iii) for the purpose of transferring employees under section 12.3, specifying an effective date for determining which school building is the primary workplace of a teacher or other employee, and (iv) establishing a date before which new divisions must file an agreement under section 12.3; and (d) respecting any other matter that the minister considers necessary or advisable in connection with the formation, continuation, amalgamation, or dissolution of one or more new or former divisions. Time for making subsequent regulations 12.2(2) The power to make regulations under subsection (1) may only be exercised on or before August 1, 2003. S.M. 2002, c. 8, s. 10 ; S.M. 2005, c. 27, s. 162 . Amalgamation — one new division 12.3(1) If, as a result of a regulation made under section 7, all the territory of a former division is amalgamated and forms a single new division, all the rights and property, all the debts, obligations and liabilities and all the employees of the former division are transferred to the new division. Amalgamation — two or more divisions 12.3(2) If, as a result of a regulation made under section 7, parts of the territory of a former division are transferred to and form part of two or more new divisions, the new divisions must make every reasonable effort to reach an agreement regarding the fair and equitable allocation between them of the rights and property, debts, obligations and liabilities, and employees of the former division. Agreement to be filed with the minister 12.3(3) An agreement reached under this section must be filed with the minister. If no agreement reached 12.3(4) If the new divisions (a) fail to file an agreement under this section before the date prescribed under subclause 12.2(c)⁠(iv); or (b) report to the minister that there is a dispute between them about the content of an agreement they entered into under this section; the minister must appoint an arbitrator to set the terms of the agreement or settle the dispute. Arbitrator to file report 12.3(5) Within 60 days after being appointed, the arbitrator must (a) inquire into the matter or dispute between the new divisions; (b) hear the matter or dispute; and (c) file a report with the minister that (i) sets the terms of the agreement or settles the dispute, and (ii) apportions the cost of the arbitration between the new divisions in any manner that the arbitrator considers fair. Report binding 12.3(6) The arbitrator's report is final and binding on the new divisions. Content of agreement or arbitration report 12.3(7) An agreement or arbitrator's report under this section (a) must provide that if, as a result of a regulation made under section 7, a school building or school site becomes located in a new division, (i) the furnishings, equipment, teaching materials and other property located in or used in connection with that school building or site, and (ii) the teachers and other employees of the former division whose primary workplace is that school building, are transferred to the new division; (b) must provide for the designation of a new division as the employer for each employee not provided for in clause (a); (c) may provide for any employee who was providing services to more than one school on the effective date of the agreement or the arbitrator's report to continue to provide those services to schools in more than one new division on a cost-shared basis between those divisions; (d) must provide for the transfer of all other rights and property, debts, obligations and liabilities, and employees of a former division to a new division; and (e) must establish the date when the agreement or arbitrator's report takes effect. Determination of "primary workplace" 12.3(8) For the purpose of subclause (7)⁠(a)⁠(ii), a school building is the primary workplace (a) of a teacher, if the teacher teaches at that school building more than 50% of the time; and (b) of an employee who is not a teacher, if the employee works at that school building more than 50% of the time. No change in conditions for employees 12.3(9) An employee who is transferred to a new division under this section and who is not represented by a bargaining agent at the time of the transfer or after is deemed to be employed by, and his or her employment contract assigned to, the new division without any loss of the rights, privileges and obligations conferred upon or enjoyed by the employee before he or she was transferred. Duties and responsibilities may be modified 12.3(10) Despite subsection (9), a new division may change the duties, responsibilities and title of an employee described in that subsection, and if the change is reasonably required as a result of a regulation passed under section 7, it does not amount to the constructive dismissal of the employee. No compensation 12.3(11) Except as provided in an agreement or an arbitrator's report under this section, no compensation or damages are payable in connection with a regulation made under section 7 or a transfer under this section. Effect of transfer re: rights and property etc. 12.3(12) On the effective date of the formation or continuation of a new division, or on the effective date of an agreement or arbitrator's report under this section, (a) the rights and property and debts, obligations and liabilities transferred vest in and belong to the new division, and the former division ceases to have any jurisdiction or interest in them; and (b) the rights and obligations of a party to an agreement with the former division are not affected (i) by a change in the name of the former division or the new division, or (ii) by reason only that the former division is not identical in any other way to the new division. S.M. 2002, c. 8, s. 10 . Dissolution of remote school district 13 Where all the schools in a remote school district are closed and have been continuously closed for two or more years, the minister may refer the matter of dissolving the remote school district to the board of reference, which may order (a) that the remote school district be continued; or (b) by regulation that the remote school district be dissolved; and (c) the lands within the remote school district be transferred to a school division and direct the manner in which the assets and liabilities of the remote school district shall be disposed of or paid and adjust the rights and claims consequent upon the changes to be made. S.M. 1988-89, c. 15, s. 25 . NORTHERN SCHOOL DIVISION Establishment of school division 14(1) The minister may, by regulation, establish a northern school division to include such territory north of the northern boundary of township 22 in the province as he considers advisable. Alteration, etc. of area 14(2) The minister may, as he deems advisable, by regulation (a) withdraw territory from a school division established under subsection (1); or (b) subject to section 15, add further territory to a school division established under subsection (1), whether or not the territory is located north of the northern boundary of township 22 in the province; or (c) create remote school districts within a school division established under subsection (1); and with respect to a remote school district created under this subsection, the minister may make such regulations as are necessary for the proper operation thereof, including the making of grants. Contents of order 14(3) A regulation made under subsection (1) or (2) shall include (a) the name of the school division or remote school district, as the case may be; (b) the date on which the regulation takes effect; and (c) a description of the territory included in the school division, added to the school division, or withdrawn from the school division or included in the remote school district, as the case may be. School board is a corporation 14(4) The school board of a school division or remote school district established under subsection (1) or (2) is a body corporate. S.M. 1988-89, c. 15, s. 26 ; S.M. 1989-90, c. 49, s. 3 ; S.M. 2002, c. 8, s. 11 . Limitation on order 15 The minister shall not include in a school division established under subsection 14(1), territory that is within or forms part of an established school division. Appointment of official trustee 16(1) Upon the establishment of a northern school division, the minister may appoint an official trustee for the school division. Salary 16(2) The minister shall fix the salary of an official trustee appointed under subsection (1), which shall be paid from the Consolidated Fund with moneys authorized by an Act of the Legislature to be paid and applied for the purposes of this Act. S.M. 1989-90, c. 49, s. 4 . Definitions 17(1) In this section, "area" means an area of a northern school division; (« région ») "area advisory committee" means an area advisory committee established under this section for an area; (« comité consultatif régional ») "area superintendent" means the person appointed as the superintendent of an area; (« surintendant régional ») "chief superintendent" means the person appointed as the chief superintendent of the northern school division; (« surintendant en chef ») "local school committee" means a local school committee established under this section for a ward; (« comité scolaire local ») "northern school division" means a school division established under section 14; (« division scolaire du nord ») "school board" means the school board of a northern school division; (« commission scolaire ») "trustee" means a member of the school board; (« commissaire ») "ward" means a ward of an area. (« quartier ») Areas and wards 17(2) The minister may, by regulation, (a) divide a northern school division into areas; (b) divide each area into wards; (c) give to each area and each ward a name or numerical designation, or both, by which it shall be known. Reserve lands may be included in areas and wards 17(2.1) The minister may, in making a regulation under subsection (2), include lands within a reserve, as defined in the Indian Act (Canada), in an area or a ward despite the reserve not being in the northern school division if (a) the council of the band requests the minister do so; and (b) the territory of the reserve is entirely bounded by the boundaries of the northern school division. Purpose 17(2.2) The purpose of lands within a reserve being prescribed as an area or ward is to ensure that residents of the reserve are eligible to vote in an election of members of a local school committee and to be nominated for and elected as members of such a committee. Local school committees to be established 17(3) The minister may, by regulation, (a) establish a local school committee for each ward; (b) give to each local school committee a name by which it shall be known; (c) prescribe the number of members that each local school committee shall have; (d) fix the term of office of each member of a local school committee, and the member shall hold office for the term so fixed and thereafter until a successor is elected. Election of local school committees 17(4) Except as otherwise provided in this section, the provisions of (a) sections 21.50 and 22, subsection 25(5) and sections 26 and 34; and (b) The Municipal Councils and School Boards Elections Act ; apply, with such modifications as the circumstances require, to local school committees and the members of local school committees and, without limiting the generality of the foregoing, to the nomination and election of those members, and for that purpose every reference in those provisions to a school board or a trustee or school trustee shall be read as a reference to a local school committee or a member of a local school committee as the case may be. Qualifications of local school committee members 17(5) A person who has the qualifications set out in clauses 22(1)⁠(a), (b) and (d) and has been a resident of a particular ward for a period of at least six months as at the date of the election is qualified to be nominated and elected as a member of the local school committee established for that ward. Functions of local school committees 17(6) A local school committee for a ward shall advise the area superintendent and the principal of each school in the ward with respect to school matters arising in the ward, and shall encourage the involvement of residents of the ward in those matters and, without limiting the generality of the foregoing, shall with respect to that ward (a) make recommendations respecting the hiring of principals, teachers and other school staff personnel; (b) make recommendations respecting the need to evaluate the performance of any person employed by the school board; (c) review and make recommendations respecting proposed capital construction projects, the proposed annual budget and monthly expenditures; (d) review and make recommendations respecting changes in policies, procedures, programs and activities; (e) review and make recommendations annually respecting the short and long term priorities for each school in the ward; and (f) make recommendations respecting the transportation of students. Area advisory committees to be established 17(7) The minister may, by regulation, (a) establish an area advisory committee for each area; (b) give to each area advisory committee a name or numerical designation, or both, by which it shall be known; (c) prescribe the number of members that each area advisory committee shall have; (d) fix the term of office of each member of an area advisory committee, and the member shall hold office for the term so fixed and thereafter until a successor is elected. Election of area advisory committees 17(8) The members of each local school committee for a ward shall, within five days after their own election, elect one of their number as a member of the area advisory committee for the area in which the ward is located, and where an area has only one ward the members of the local school committee for the ward are the members of the area advisory committee for the area. Vacancies on area advisory committees 17(9) Where a vacancy occurs in the membership of an area advisory committee before the expiry of a term of office, the local school committee whose member occupied the vacated position shall, within 10 days after the vacancy occurs, elect another one of its members to fill the vacancy for the unexpired balance of the term and thereafter until a successor is elected. Functions of area advisory committees 17(10) An area advisory committee shall advise the area superintendent or the chief superintendent, as the case may be, with respect to school matters arising in the area, and shall encourage the involvement of residents of the area in those matters and, without limiting the generality of the foregoing, shall with respect to that area (a) make recommendations respecting the hiring of the area superintendent, the area liaison officer and area support staff; (b) make recommendations respecting the need to evaluate the performance of any person employed by the school board; (c) review the proposed short and long term capital construction projects and make recommendations respecting their priority; (d) review and make recommendations respecting the proposed annual budget and monthly expenditures; (e) review and make recommendations respecting changes in policies, procedures, programs and activities; and (f) review and make recommendations annually respecting the short and long term priorities for the area. School board of northern school division 17(11) Except as in this Act otherwise provided, the provisions of the Act applying to a school board or the trustees of a school board apply to the school board of a northern school division or the trustees of such a school board, as the case may be. Election of school board 17(12) The members of each area advisory committee of a northern school division shall, within 10 days after their own election, elect from among their number two persons as trustees of the school board of the school division, and the school board shall consist of the trustees so elected by all area advisory committees of the school division. Vacancies on school board 17(13) Where the position of a trustee becomes vacant before the expiry of his or her term of office, the area advisory committee that elected the trustee shall, within 20 days after the date when the vacancy occurs, elect another trustee from among its members to hold office for the unexpired balance of the term and thereafter until a successor is elected. S.M. 1989-90, c. 49, s. 5 ; S.M. 1993, c. 24, s. 2 ; S.M. 2005, c. 27, s. 162 ; S.M. 2024, c. 9, s. 32 ; S.M. 2025, c. 14, s. 5 . Frontier Collegiate (Cranberry Portage) advisory committee 17.1(1) For Frontier Collegiate, located in Cranberry Portage, the minister may make regulations (a) establishing an advisory committee to be known as the Frontier Collegiate advisory committee; (b) specifying the size and structure of the committee; and (c) providing for the membership of the committee, including how members are to be nominated and the length of their terms. Function of Frontier Collegiate advisory committee 17.1(2) The Frontier Collegiate advisory committee is to advise the area superintendent and the principal with respect to school matters concerning the collegiate and is to encourage community involvement in the collegiate. Also, the committee is to conduct the reviews and make the recommendations set out in clauses 17(6)⁠(a) to (f). S.M. 2004, c. 15, s. 3 ; S.M. 2023, c. 10, s. 41 . Powers of official trustee 18(1) In addition to the specific powers, duties and functions set out in this Part, an official trustee appointed under subsection 16(1) has and may perform with respect to any school operated by the school division all the powers, duties and functions that may be exercised or performed by (a) an official trustee under this Act; and (b) a school board. Special powers of official trustee 18(2) An official trustee of a school division appointed under subsection 16(1) may (a) arrange for transportation for pupils attending schools within the school division; (b) arrange for living accommodation and necessities for pupils attending schools within the school division; (c) with the approval of the minister, establish one or more secondary schools within or without the school division for the education of pupils residing within the school division and determine the courses to be offered thereat; (d) with the approval of the minister, establish and provide for a residence for students attending any secondary schools established under clause (c); and (e) employ and pay teachers and other employees required for the operation of the school division and the schools and residences established and operated by the school division. Estimate of approved expenses 19 In each year the school board of any northern school division established under section 14 shall prepare in accordance with the provisions of Part IX to the extent that they are applicable, an estimate of the approved expenses and revenues for all schools operated in the school division, including grants and support payable or to be provided to the school division for the current year and shall submit the estimate to the minister for his approval. S.M. 1991-92, c. 20, s. 5 . Appeal of apportionment 20(1) Where a municipality or a local government district that is wholly or partly included in a northern school division receives notice of apportionment as provided in section 183, it may appeal the apportionment and subsections 191(5) and (6) apply with such modifications as the circumstances require. Levies 20(2) Where a municipality or a local government district all or part of which is within a northern school division receives a notice of the amount apportioned to the municipality or local government district under this Act and of the amount allocated to the municipality or local government district under Part IX, the sections pertaining to the collection and payment of the amounts apportioned apply. Special grants 21 The minister, with the approval of the Lieutenant Governor in Council, may make such additional grants or provide such additional support as he deems advisable to a northern school division established under subsection 14(1) for the purposes of capital and operating expenditures. PART I.1 FRANCOPHONE SCHOOL DIVISION DEFINITIONS Definitions 21.1 In this Part, "Charter" means the Canadian Charter of Rights and Freedoms ; (« Charte ») "entitled person" means (a) a resident of Manitoba whose first language learned and still understood is French, (b) a Canadian citizen resident in Manitoba who has received at least four years of primary school instruction in a francophone program in Canada, or (c) a Canadian citizen resident in Manitoba who is the parent of a child who is receiving primary or secondary school instruction in a francophone program in Canada or who has received not less than four years of such instruction; (« ayant droit ») "francophone program" means a primary or secondary educational program that provides classroom instruction in the French language and is designed for pupils whose first language learned and understood is French; (« programme français ») "programme d'accueil" means a program designed to improve the French language skills of pupils whose French language skills do not meet the language requirements of the francophone program; (« programme d'accueil ») "provider school board" means the school board of a school division or school district that operates a francophone program that is or may be designated for transfer to the francophone school board under section 21.27; (« cédant ») "regulations" means the regulations made under section 21.43; (« règlements ») "school" includes a school site; (« école ») "school committee" means a school committee referred to in section 21.13. (« comité scolaire ») S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 21, s. 2 . FRANCOPHONE SCHOOL DIVISION Francophone school division established 21.2(1) Not later than eight months after this Part comes into force, the Lieutenant Governor in Council shall, by regulation, establish a francophone school division and specify its name and boundaries or area. 21.2(2) [Repealed] S.M. 2017, c. 26, s. 22 . Amendment 21.2(3) The Lieutenant Governor in Council may amend the regulation made under this section when it considers it advisable to do so. S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 8, s. 12 ; S.M. 2002, c. 21, s. 3 ; S.M. 2017, c. 26, s. 22 . Act applies to the francophone school division 21.3 This Act applies to the francophone school division with the exception of the following provisions: (a) sections 4.1 and 5; (b) subsections 7(1), (2), (3) and (6); (c) subsections 9(4) and (5.1) to (12); (d) sections 21.50, 22 and 24; (d.1) [repealed] S.M. 2010, c. 33, s. 56 ; (e) subsections 41(4), (5), (5.1) and (6); (f) sections 57 and 58; (f.1) clause 58.3(b) and subsection 58.4(1); (g) section 79; (g.1) subject to subsection 112.1(1), Division 1 of Part VIII; (h) subsections 186(1.2) and (2); (i) sections 187 to 190. S.M. 1993, c. 33, s. 5 ; S.M. 1996, c. 51, s. 2 ; S.M. 1998, c. 35, s. 3 ; S.M. 2002, c. 8, s. 13 ; S.M. 2002, c. 21, s. 4 ; S.M. 2005, c. 27, s. 162 ; S.M. 2010, c. 33, s. 56 ; S.M. 2021, c. 39, s. 2 . FRANCOPHONE SCHOOL BOARD Francophone school board 21.4(1) The francophone school board, consisting of trustees elected in accordance with sections 21.35 to 21.38, is responsible for the administration of the francophone school division. Number of trustees 21.4(2) The number of trustees of the francophone school board may not be less than five or more than 11. S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 21, s. 5 . Duty to provide programs 21.5(1) The francophone school board shall, subject to this Act and consistent with and to the extent required by section 23 of the Charter, (a) provide a francophone program for resident pupils in such minority language education facilities as may be required; and (b) provide a programme d'accueil for resident pupils whose French language skills do not meet the language requirements of the francophone program. Programs where numbers warrant 21.5(2) The programs described in subsection (1) shall be provided where numbers warrant, based on the number of pupils expected to take advantage of the programs. 21.5(3) [Repealed] S.M. 2002, c. 21, s. 6 . S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 21, s. 6 . Agreements with other boards 21.6(1) The francophone school board may enter into agreements with other school boards or the minister, or both, regarding (a) the provision by the francophone school board of programs outside its boundaries or in schools it does not operate; and (b) the payment or sharing of costs respecting the delivery of those programs. Directed agreement 21.6(2) If the minister considers it advisable to do so or necessary under section 23 of the Charter, the minister may direct the francophone school board and another school board to enter into an agreement under subsection (1), and in that case the minister may set some or all of the terms of the agreement. S.M. 1993, c. 33, s. 5 . Board may promote programs and language 21.7 The francophone school board may (a) promote and distribute information in the province about programs available in the francophone school division; and (b) engage in activities to promote the French language and culture in connection with its duty to provide education. S.M. 1993, c. 33, s. 5 . 21.8 [Repealed] S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 21, s. 6 . SCHOOL COMMITTEES 21.9 [Repealed] S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 21, s. 7 ; S.M. 2017, c. 26, s. 22 . 21.10 to 21.12 [Repealed] S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 21, s. 8 . School committees 21.13(1) A school committee shall be established for each school in which a francophone program is operated by the francophone school board. Formation and mandate 21.13(2) The formation, composition and mandate of school committees is to be specified by by-law of the francophone school board. S.M. 1993, c. 33, s. 5 . 21.14 [Repealed] S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 21, s. 8 . ENTITLEMENT TO ATTEND PROGRAMS Children of entitled persons to be admitted 21.15(1) Subject to subsection (2), the francophone school board shall admit to a program it provides under section 21.5, (a) any resident pupil at least one parent of whom is an entitled person; and (b) if it is reasonably practicable to do so, any non-resident pupil at least one parent of whom is an entitled person. Admission of non-fluent children 21.15(2) The francophone school board may require a pupil whose French language skills do not meet the language requirements of the francophone program to attend a programme d'accueil for a period of time determined by the board. Board may require information from parent 21.15(3) The francophone school board may require the parent of a child to provide any information the board requests to establish that the parent is entitled to have the child attend a program provided by the board. Entitlement of children in transferred program 21.15(4) Even if a parent is not an entitled person, if a child attends a francophone program that is designated for transfer to the francophone school board under section 21.19, the parent of the child is entitled to have that child continue to attend the transferred program, and the francophone school board shall admit the child at the parent's request. Admission of other children 21.15(5) The francophone school board may admit any other child whose parents have made a written request for admission to the board. Non-resident pupils: programs and costs 21.15(6) When non-resident pupils attend a program provided by the francophone school board, the home school division shall pay a fee to the francophone school division in an amount prescribed by regulation. S.M. 1993, c. 33, s. 5 ; S.M. 1996, c. 51, s. 3 . Admissions committee 21.16 The francophone school board may establish an admissions committee to review and make recommendations to the board about the admission of children to programs provided by the board. S.M. 1993, c. 33, s. 5 . Appeal to minister re admissions 21.17 Either a parent or the francophone school board may ask the minister to review a decision of the board as to the parent's entitlement under subsection 21.15(1) or (4) to have his or her child attend a program provided by the board, and the minister shall appoint a person or persons to make a final determination as to entitlement. S.M. 1993, c. 33, s. 5 . SCHOOLS AND PROGRAMS OPERATED BY THE FRANCOPHONE SCHOOL BOARD Transfer of Programs and Schools 21.18 [Repealed] S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 21, s. 9 . 21.19(1) [Repealed] S.M. 2002, c. 21, s. 10 . Whether other programs in same school 21.19(2) A regulation under subsection 21.27(1) shall specify whether, in the school where the designated program is located, (a) only a francophone program is being provided by the provider school board; or (b) programs in addition to francophone programs are being provided by the provider school board. Date of transfer 21.19(3) The date of the transfer of a francophone program designated for transfer shall be determined by regulation. S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 21, s. 10 . 21.20 and 21.21 [Repealed] S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 21, s. 11 . Transfer of ownership: exclusive use schools 21.22(1) When a school is to be transferred to the francophone school board for its exclusive use the right to possession and ownership or any other interest of the provider board in the lands, buildings, furnishings, equipment, teaching materials and all other property on or used in connection with the school vests, on a date determined by regulation, in the francophone school board, and the provider school board ceases to have any jurisdiction or interest in the property. Transfer of ownership: shared use schools 21.22(2) When a school is transferred to the francophone school board subject to the right of the provider school board to share the use of the school, the right to possession and ownership or any other interest of the provider board in (a) the lands and buildings used in connection with such schools; and (b) the furnishings, equipment, teaching materials and other property used primarily in connection with the francophone programs located in those schools; vests in the francophone school board on a date determined by regulation, and the provider school board ceases to have any jurisdiction or interest in the property other than its right to share the use of that school in accordance with an agreement under section 21.23. Transfer without compensation 21.22(3) The transfer of possession or ownership or other interest in property under subsections (1) and (2) is to be made without compensation, subject to existing contractual liabilities and obligations of the provider school board that relate to the property. Liabilities and obligations 21.22(4) The contractual liabilities and obligations described in subsection (3) cease to be the responsibility of the provider school board on the date of the transfer. S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 21, s. 12 . Agreements re shared use 21.23 When the use of a school is to be shared, the provider school board and the francophone school board shall enter into an agreement respecting the details of that shared use, and the agreement may include a procedure for periodic review or termination of the shared use arrangement. S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 21, s. 13 . Disputes 21.24(1) If there is a dispute between the francophone school board and the provider school board about (a) what furnishings, equipment, teaching materials and other property are located on or used in connection with a school under subsection 21.22(1); (b) what furnishings, equipment, teaching materials and other property are used primarily in connection with a francophone program under clause 21.22(2)⁠(b); (c) the nature of any other obligations and liabilities that it would be appropriate for the francophone school board to assume as a result of the transfer of property; or (d) the content of an agreement to be entered into under section 21.23; either board may refer the matter to the committee established under this section for its determination. Minister may refer a matter 21.24(2) In addition, the minister may refer to the committee any other matter related to the transfer or shared use of any school for its advice and opinion or its determination. Committee 21.24(3) The committee shall consist of three persons, one of whom is named by the francophone school board, one of whom is named by the provider school board and one of whom is named by the minister. Authority of committee 21.24(4) When a matter is referred to the committee for its determination, the committee shall finally determine the matter and may, if the dispute is about what the terms of an agreement under section 21.23 should be, prescribe those terms. Committee's determination binding 21.24(5) A determination by the committee is final and binding on the parties. Costs 21.24(6) Each party is responsible for the fees and expenses of its nominee to the committee and for an equal share of any other fees and expenses related to the determination of the matter by the committee. S.M. 1993, c. 33, s. 5 . Request to transfer school or program 21.25(1) A request may be made to the minister (a) that a francophone program be transferred from a provider school board to the francophone school board; and (b) to ensure that there are premises in which to provide that francophone program, (i) that a school be transferred from the provider school board to the francophone school board, either for the exclusive use of the francophone school board or subject to the right of the provider school board to share the use of the school, or (ii) that the francophone school board be entitled to share the use of a school operated by the provider school board. Who may make a request 21.25(2) A request may be made by (a) the provider school board that provides the francophone program; or (b) entitled persons who are parents of (i) at least 10 pupils in the francophone program, in the case of a francophone program with fewer than 100 pupils, or (ii) 10% or more of the pupils in the francophone program, in the case of a francophone program with more than 100 pupils. Referral to the board of reference 21.25(3) The minister shall refer a request made under subsection (2) to the board of reference, and the minister may also refer a matter to the board of reference on his or her own initiative. S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 21, s. 14 . Hearing and determination 21.26(1) If a referral is made under subsection 21.25(3), the board of reference shall (a) determine whether a hearing should be held in the French language or in both the French and English languages; (b) hold a hearing in accordance with subsections 9(3) (fixing a date for the hearing) and 9(5) (hearing); and (c) take steps to determine the wishes of entitled persons whose children are enrolled in the francophone program that is the subject of the request, subject to any requirements specified in the regulations. Notice of hearing 21.26(2) The board of reference shall send a notice that describes the matter and sets out the date, time and place for the hearing and the process for determining the wishes of entitled persons to (a) the provider school board; (b) the francophone school board; and (c) the entitled persons whose children are enrolled in the francophone program that is the subject of the request. Publication of notice 21.26(3) The board of reference shall ensure that a copy of the notice is published at least once in a newspaper having circulation in the school division or school district of the provider school board. Report 21.26(4) The board of reference shall make a report that sets out (a) the results of the determination of the wishes of entitled persons; (b) its decision as to whether the request should be granted; and (c) if the request should be granted, which premises should be provided to the francophone school division for the francophone program, including (i) the name of any school to be transferred from a provider school board to the francophone school board for the exclusive use of the francophone school board, (ii) the name of any school to be transferred from a provider school board to the francophone school board, subject to the right of the provider school board to share the use of the school, and (iii) the name of any school to be retained by a provider school board, subject to the right of the francophone school board to share the use of the school. Notice of the determination 21.26(5) The board of reference shall send a copy of the report to (a) the minister; (b) the provider school board; (c) the francophone school board; and (d) if the request was made by parents, any person designated for the purpose by the parents, or if no person was designated, the parent first named in the request. Limitation 21.26(6) If a hearing is held under this section, another request that relates to the same francophone program cannot be made until at least three years after the date of the hearing. S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 21, s. 15 . Regulation transferring program 21.27(1) If the report under subsection 21.26(4) indicates that the request should be granted, the Lieutenant Governor in Council shall, by regulation, designate the francophone program to be transferred to the francophone school board and specify the matters set out in subsection 21.19(2). Transfer of program and property 21.27(2) Subsection 21.19(3) and sections 21.22 to 21.24 apply when a francophone program is designated for transfer under this section. S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 21, s. 16 . Individual rights preserved 21.28 For greater certainty, nothing in sections 21.19 to 21.27 limits (a) the right of an individual entitled person to request the francophone school board to provide French language instruction for his or her child; or (b) the duty of the francophone school board under section 21.5 to provide such instruction as may be required in the circumstances by section 23 of the Charter. S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 21, s. 17 . Discontinuance of Programs by Provider School Boards Discontinuance of program by provider school board 21.29 A provider school board shall not discontinue a francophone program unless (a) the program is transferred to the francophone school board under section 21.27; or (b) at least 60 days notice of the proposed discontinuance is given to the francophone school board and the minister and the minister consents to the discontinuance based on (i) a decline in enrollment sufficient to render the continued delivery of the program impracticable, or (ii) any other reason that the minister considers acceptable. S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 21, s. 18 . TRANSPORTATION OF PUPILS Transportation of pupils 21.30(1) The francophone school board shall, on or before June 1 in the year it first provides programs under section 21.5, prepare a written plan for the approval of the minister describing the means by which it proposes to meet its obligations under this Act for the transportation of pupils. Directed agreement 21.30(2) If the minister considers it advisable to do so, the minister may direct the francophone school board and any provider school board to reach an agreement about the transportation of pupils or the transfer or shared use of existing school buses, and if no agreement is reached the minister may (a) direct the terms of such an agreement; or (b) refer the matter to the committee established under section 21.24, in which case subsections 21.24(4), (5) and (6) apply with necessary modifications. S.M. 1993, c. 33, s. 5 . LANGUAGE OF INSTRUCTION AND ADMINISTRATION Language of instruction 21.31(1) To ensure that its pupils master the French language, the francophone school board shall provide at least 75% of its classroom instruction in each grade in the French language. English as subject of instruction 21.31(2) To ensure that its pupils develop and maintain proficiency in the English language, the francophone school board shall require English to be a subject of instruction in every class in Grades IV to XII in the francophone school division, but the time allotment for English in each grade must not exceed 25% of classroom instruction. Exception for first three years 21.31(3) For not more than three years after a francophone program is transferred to the francophone school board, the board (a) [repealed] S.M. 2002, c. 21, s. 19 ; (b) may, in the case of a program designated for transfer under section 21.27; permit less than 75% of classroom instruction to be provided in the French language for pupils who attended the francophone program before the transfer, if less than 75% of classroom instruction in the transferred program was in the French language. Exception for technical and vocational programs 21.31(4) The francophone school board may permit less than 75% of classroom instruction to be provided in the French language for pupils attending a francophone technical or vocational program, if in the opinion of the board there are sound pedagogical and financial reasons to do so. S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 21, s. 19 . Language of administration 21.32(1) The administration and operation of the francophone school division shall be carried out in the French language. Exception 21.32(2) When circumstances warrant, the francophone school division may operate in a language other than the French language. S.M. 1993, c. 33, s. 5 . FINANCIAL MATTERS Estimate of expenses and revenues 21.33(1) Each year, the francophone school board shall submit to the minister an estimate of its expenses and revenues for the next fiscal year. Application of Part IX 21.33(2) The estimate of expenses and revenues is to be in accordance with Part IX, to the extent it applies to the francophone school board. S.M. 1993, c. 33, s. 5 . Financial support 21.34 The revenue of the francophone school division shall include (a) support provided under Part IX and grants that may be provided under Part X, including any support or grant that may be provided to enable the francophone school division to deliver the instruction required by section 23 of the Charter; (b) for pupils who reside within the boundaries of the francophone school division, payments from each school division, 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; (c) for non-resident pupils attending a program provided by the francophone school board, payment of fees by the pupil's home school division as may be prescribed by regulation; (d) where the francophone school board provides a program outside the francophone school division or in schools it does not operate, payment by the other school division of such fees and charges as are required under section 21.6. S.M. 1993, c. 33, s. 5 ; S.M. 1996, c. 51, s. 4 ; S.M. 2002, c. 21, s. 20 .

ELECTING TRUSTEES OF THE FRANCOPHONE SCHOOL BOARD Election of trustees 21.35(1) The election of trustees of the francophone school board shall be in accordance with this section and sections 21.36 to 21.38. The campaign financing provisions under sections 27.1 to 27.14 also apply. Conduct of elections 21.35(2) The nomination of candidates and the conduct of elections of trustees of the francophone school board shall be in accordance with the regulations. Municipal Councils and School Boards Elections Act does not apply 21.35(3) For certainty, The Municipal Councils and School Boards Elections Act does not apply to the election of trustees of the francophone school board. S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 21, s. 21 ; S.M. 2005, c. 27, s. 162 ; S.M. 2025, c. 35, s. 2 . Electoral divisions 21.36(1) The Lieutenant Governor in Council must establish electoral divisions for the francophone school division by regulation. The regulation must specify (a) the area of each electoral division; and (b) the number of trustees to be elected in each electoral division. Period regulation remains in force 21.36(2) A regulation made under subsection (1) remains in force until the francophone school board passes a by-law and the by-law is approved in accordance with section 21.36.1. S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 21, s. 21 . Changes in electoral divisions 21.36.1(1) The francophone school board may, by by-law, (a) alter the area of an electoral division, or dissolve the electoral divisions established under subsection (1) and create new electoral divisions; and (b) subject to subsection 21.4(2), increase or decrease the total number of trustees to be elected, or the number of trustees to be elected in an electoral division. By-law effective for next general election 21.36.1(2) A by-law passed under subsection (1) (a) has no effect until it is approved by the Lieutenant Governor in Council; (b) takes effect only at a general election; and (c) must be passed and approved at least 180 days before the general election at which it is to take effect. S.M. 2002, c. 21, s. 21 ; S.M. 2005, c. 27, s. 162 . Extended meaning of "entitled person" 21.37(1) In this section, "entitled person" includes (a) the spouse of an entitled person; or (b) the common-law partner of an entitled person who has cohabited with the entitled person for a period of at least 12 months immediately before the election. Qualifications of voters 21.37(2) A person is entitled to vote in an election of trustees of the francophone school division if on the day of the election he or she (a) is 18 years of age or older; (b) is a Canadian citizen who has been a resident of Manitoba for at least six months; (c) is a parent (i) whose child is enrolled in a program provided by the francophone school board, or (ii) who resides in an electoral division of the francophone school division, and is an entitled person who in the year before the general election requested the francophone school board to provide instruction for his or her school-age child, but whose child is not yet enrolled in a program provided by the francophone school board; and (d) is not disqualified under this Act or any other Act, and is not otherwise prohibited by law, from voting in school division or school district elections. Additional voters determined by regulation 21.37(3) In addition, any other class of entitled persons prescribed by the regulations is entitled to vote in an election of trustees of the francophone school board. Eligibility to vote in other elections 21.37(4) A person who is eligible to vote in both (a) an election of trustees for a school board other than the francophone school board; and (b) an election for the francophone school board; may vote in both elections. S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 21, s. 21 ; S.M. 2002, c. 24, s. 50 ; S.M. 2005, c. 27, s. 162 . Qualifications of francophone school trustees 21.38(1) Subject to subsection (2), a person is qualified to be nominated for and elected as a trustee of the francophone school division if (a) the person (i) is entitled to vote under section 21.37, and (ii) is able to participate in the conduct of school division business in the French language; or (b) the person (i) is able to participate in the conduct of school division business in the French language, (ii) is 18 years of age or older on the day of the election, and (iii) is a Canadian citizen who has been a resident of the electoral division for at least six months on the day of the election. Persons not qualified 21.38(2) A person is disqualified from being nominated for election as a trustee and from being elected or remaining as a trustee of the francophone school division if he or she is (a) a pupil in regular attendance of the francophone school division; (b) elected or appointed as a member of the Legislative Assembly, the Senate or House of Commons of Canada, or the council of a municipality; (c) elected or appointed to the board of another school division or school district; or (d) disqualified under this Act or any other Act, or is otherwise prohibited by law, from being a trustee. Employee elected as trustee 21.38(3) An employee of the francophone school division is disqualified from serving as a trustee of that division unless he or she takes a leave of absence under subsection 48.1(4) (leave of absence for elected candidate). S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 21, s. 21 ; S.M. 2004, c. 15, s. 5 . 21.39 and 21.40 [Repealed] S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 21, s. 22 . Oath of office 21.41 A person elected as a trustee of the francophone school board shall, before assuming the duties of office, make an affidavit of qualification and take the oath of office in Form 1 of Schedule D. S.M. 1993, c. 33, s. 5 . 21.42 [Repealed] S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 21, s. 22 . REGULATIONS Regulations 21.43 For the purpose of this Part, the Lieutenant Governor in Council may make regulations (a) assigning duties to the francophone school board in addition to those described in subsection 21.5(1); (b) [repealed] S.M. 2017, c. 26, s. 22 ; (c) determining the date of transfer of francophone programs and property for the purposes of subsection 21.19(3) and subsections 21.22(1) and (2); (d) for the purpose of clause 21.26(1)⁠(c), respecting the method by which the board of reference is to determine the wishes of entitled persons and respecting any guidelines the board must consider in determining whether a request should be granted; (e) respecting the election of trustees of the francophone school board including, but not limited to, (i) specifying when elections are to be held, (ii) respecting the nomination of candidates and the conduct of elections, (iii) for the purposes of subclause 21.37(2)⁠(c)⁠(ii) specifying when and in what manner a person must indicate a wish to have instruction provided for his or her child, (iv) for the purpose of subsection 21.37(3), specifying additional classes of persons who are entitled to vote in elections, and (v) respecting elections to fill vacancies; (f) and (g) [repealed] S.M. 2002, c. 21, s. 23 ; (g.1) for the purposes of subsection 21.15(6) and clause 21.34(c), prescribing fees a home school division must pay the francophone school division for non-resident pupils; (h) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable. S.M. 1993, c. 33, s. 5 ; S.M. 1996, c. 51, s. 5 ; S.M. 2002, c. 21, s. 23 ; S.M. 2017, c. 26, s. 22 . 21.44 to 21.49 [Repealed] S.M. 1993, c. 33, s. 5 ; S.M. 2002, c. 21, s. 24 . PART II SCHOOL BOARDS General election of school board every four years 21.50 Each school division and school district must hold a general election on the fourth Wednesday of October in the year 2006 and in each fourth year after that. S.M. 2005, c. 27, s. 162 . Qualifications of school trustees 22(1) A person is qualified to be nominated for and elected as a trustee of a school board, if the person (a) is a Canadian citizen; (b) is of the full age of 18 years, or will be of the full age of 18 years at the date of the election; (c) is (i) an actual resident in the school division or school district, or (ii) an eligible voter in the school division or school district under section 21.1 of The Municipal Councils and School Boards Elections Act , and will have been so for a period of at least six months at the date of the election; and (d) is not disqualified under any other provision of this Act or under any other Act, and is not otherwise by law prohibited, from being a trustee or from voting at elections in the school division or school district. Persons who are disqualified 22(2) The following persons are disqualified from being nominated for election as a trustee and from being elected or remaining as a trustee: (a) a member of the Legislative Assembly or the Senate or House of Commons of Canada; (b) [not proclaimed, but repealed by S.M. 2005, c. 27, s. 165 ]; (c) a pupil in regular attendance at a school within the same school division or school district. Employee elected as trustee 22(3) An employee of the same school board, school division or school district is disqualified from serving as a trustee unless he or she takes a leave of absence under subsection 48.1(4) (leave of absence for elected candidate). S.M. 1989-90, c. 49, s. 6 ; S.M. 2004, c. 15, s. 6 ; S.M. 2005, c. 27, s. 165 ; S.M. 2025, c. 14, s. 6 . 23 [Repealed] S.M. 2005, c. 27, s. 162 . Number of trustees 24(1) Except as provided in sections 17 and 21.4, a school board must have not fewer than five or more than nine trustees. Establishing the size of school board 24(2) The number of trustees to be elected for a school division or school district is the number prescribed (a) in the regulation forming the school division or school district; (b) in an award of the board of reference; or (c) in a by-law of the school board passed and approved in accordance with section 57. Referral to board of reference 24(3) If a school board has fewer than five or more than nine trustees, the minister may refer the matter to the board of reference, and the board shall deal with the referral as provided for in section 9. But no referral is to be made where, as a result of a regulation made under section 24.2, a school board has more than nine trustees. S.M. 2002, c. 8, s. 14 ; S.M. 2004, c. 15, s. 7 . Definitions 24.1 In sections 24.2 and 24.3, "band" , "council of a band" and "reserve" have the same meaning as in subsection 2(1) of the Indian Act (Canada). S.M. 2004, c. 15, s. 8 . Reserve may be prescribed as a ward 24.2(1) If the council of a band has entered into an agreement with a school board under clause 48(1)⁠(q), the minister may by regulation establish its reserve as a separate ward of that school division. Considerations 24.2(2) In determining whether to make a regulation under subsection (1), the minister is to consider the following factors: (a) whether there is a school located on the reserve, and if there is, whether it provides education in all grades; (b) whether, in his or her opinion, the number of students attending school off the reserve and in the school division warrants the band being represented on the school board; (c) the historical relationship between the band and the school board, including whether the band was represented on the board previously. Ward of only one school division 24.2(3) A reserve may not be a ward of more than one school division. Size of school board increased 24.2(4) If a ward is established under this section, (a) there may be no more than one trustee for that ward; (b) the number of trustees for that school division is increased, from that prescribed in the regulation forming the school division, an award of the board of reference or in a by-law passed and approved in accordance with section 57, by one trustee; and (c) the first trustee for that ward must be elected as provided for in section 26. Qualifications of school trustees — prescribed ward 24.2(5) A person is qualified to be nominated for and elected as a trustee under this section if the person (a) is a Canadian citizen; (b) is of the full age of 18 years or will be of the full age of 18 years at the date of the election; (c) is (i) an actual resident of the reserve, or (ii) in the case of a resident of a reserve under subsection 21.1(6) of The Municipal Councils and School Boards Elections Act , an actual resident of the reserve lands within the urban municipality, and will have been so for a period of at least six months at the date of the election; and (d) is not disqualified under any other provision of this Act or under any other Act, and is not otherwise by law prohibited, from being a trustee or from voting at elections in the school division or school district. Limitation 24.2(6) No regulation may be made under this section in respect of (a) the school divisions established under section 14 (northern school division) and Part I.1 (francophone school division); (b) a school district; or (c) a remote school district. S.M. 2004, c. 15, s. 8 ; S.M. 2005, c. 27, s. 162 ; S.M. 2025, c. 14, s. 7 . When ward ceases 24.3(1) Despite any other provision of this Act, the minister may by regulation dissolve a ward established under section 24.2 if (a) the agreement between the school board and the band entered into under clause 48(1)⁠(q) has ended; or (b) in the opinion of the minister, the number of students attending school off the reserve and in the school division no longer warrants the band being represented on the school board. Matter of numbers referred to board of reference 24.3(2) Before dissolving a ward under clause (1)⁠(b), the minister may refer to the board of reference the matter of whether the number of students attending school off the reserve and in the school division warrants the band being represented on the school board. Hearing and recommendation of board of reference 24.3(3) Subsections 9(3), (4), and (5) apply, with necessary changes, when a matter is referred to the board of reference under subsection (2). After holding a hearing, the board must make a recommendation about the matter, and must cause a copy of its recommendation to be sent to those described in subsection 9(10). Seat forfeited 24.3(4) The trustee of a ward that is dissolved by a regulation under this section immediately forfeits his or her seat. S.M. 2004, c. 15, s. 8 . School board shall not vary ward 24.4 A ward prescribed by regulation under section 24.2 is not subject to alteration under section 57. S.M. 2025, c. 14, s. 8 . Term of office 25(1) Notwithstanding any provision of any other Act of the Legislature and except as otherwise provided in this Act or in the order or award establishing or altering the school division or school district, each trustee shall hold office for a term of four years, and thereafter until his successor is elected or appointed and takes office. 25(2) [Repealed] S.M. 2005, c. 27, s. 162 . 25(3) [Repealed] S.M. 1998, c. 35, s. 4 . 25(4) [Repealed] S.M. 2005, c. 27, s. 162 . Commencement of term of office 25(5) The term of office of trustees shall commence 14 days after the fourth Wednesday in October of the year in which the election is held or on the date of the first meeting whichever first occurs. 25(6) and (7) [Repealed] S.M. 1998, c. 35, s. 4 . Oath of office 25(8) A person elected trustee shall, before assuming the duties of the office, make an affidavit of qualification and take the oath of office in Form 1 of Schedule "D" to this Act. 25(9) [Repealed] S.M. 2012, c. 40, s. 38 . S.M. 1997, c. 27, s. 2 ; S.M. 1998, c. 35, s. 4 ; S.M. 2005, c. 27, s. 162 ; S.M. 2012, c. 40, s. 38 . Filling of vacancies 26(1) Subject to subsection (2), where (a) no return is made for one or more wards or voting subdivisions in consequence of non-election owing to interruption from any cause; or (b) a person elected to a school board neglects or refuses to accept office or to make the necessary declarations of office within the time required; or (c) a vacancy occurs on the school board caused by reason of the resignation of the chairman or other member of the school board, by death, by judicial decision or otherwise; or (d) a vacancy is about to occur due to the receipt by the secretary-treasurer of a resignation under clause 39.8(b); the chairman of the school board for the time being, or, in the case of his absence or of his office being vacant, the secretary-treasurer, or, in the case of the like absence or vacancy in the office of the secretary-treasurer, one of the trustees shall, forthwith, by warrant, under the signature of the chairman, secretary-treasurer or trustee, as the case may be, require the senior election official to hold a new election to fill the vacancy. Vacancy in final year of term 26(2) Where the vacancy occurs in the 12 months before the next general election, the school board may resolve not to fill the vacancy. Warrant for new election 26(3) Where the non-election, neglect or refusal or other vacancy occurs previous to the organization of the school board for the year, the warrant for the new election shall be issued by the chairman or a trustee of the school board, for the previous year, or by the secretary-treasurer in the manner provided in subsection (1). Organization of board despite irregularity 26(4) The non-election, neglect, or refusal or other vacancy does not prevent the immediate organization of the new school board if a majority of the full number of the school trustees is present. New election to fill vacancy 26(5) Upon a warrant being issued, the senior election official must hold a new election to fill the vacancy. Election day for the election must be as soon as reasonably practicable, but in fixing the day the senior election official must consider (a) voter participation; and (b) availability of persons to serve as election officials, and facilities to be used as voting places. Vacancy after election 26(6) Except in the case of an interrupted election, if a trustee position is not filled at an election, (a) the members of the new school board if they constitute a majority of the school board; or (b) if the members of the new school board do not constitute a majority of the full school board, the members of the school board for the last preceding year or a majority of them; shall appoint, where necessary, as many qualified persons as will constitute or complete the number of trustees requisite for the school board. Provision does not apply in case of a tie or death 26(6.1) Subsection (6) does not apply (a) if two or more candidates in an election cannot be declared elected because the same number of votes were cast for each; or (b) if a trustee position is not filled at an election because a candidate has died. Unexpired term 26(7) A trustee elected or appointed to fill a vacancy shall hold office only for the unexpired term of the person in whose place he has been elected or appointed. S.M. 2005, c. 27, s. 162 ; S.M. 2014, c. 32, s. 22 ; S.M. 2022, c. 24, s. 30 . 27 [Repealed] S.M. 2005, c. 27, s. 162 . CAMPAIGN FINANCING FOR SCHOOL BOARD ELECTIONS Definitions and Interpretation Definitions 27.1(1) The following definitions apply in this section and in sections 27.2 to 27.13. "campaign expense" means (a) money spent or liabilities incurred by a registered candidate — or on behalf of a candidate with the candidate's knowledge and consent — for property or services used for election purposes during a campaign period; and (b) the value of non-monetary contributions accepted by a candidate — or on behalf of a candidate with the candidate's knowledge and consent — in the form of property and services used for election purposes during a campaign period; but does not include expenses relating to a recount. (« dépenses électorales ») "campaign period" means, (a) for a general election, the period beginning on June 30 in the year of the election and ending on March 31 of the following year; and (b) for a by-election, the period beginning on the day the senior election official receives the warrant to hold the by-election and ending 90 days after election day. (« période de campagne électorale ») "contribution" means money paid or a non-monetary contribution provided, without compensation, to or for the benefit of a registered candidate. (« contribution ») "non-monetary contribution" means property or services provided free of charge or at less than market value, including (a) services of an employee provided by an employer; (b) property provided voluntarily by a person or organization who is a commercial supplier of the property; and (c) services provided voluntarily by a person or organization who is a commercial or occupational supplier of the services; but does not include property or services provided voluntarily other than those described in clauses (b) and (c). (« contribution non monétaire ») "registered candidate" means a candidate for school trustee who has been registered under section 27.2. (« candidat inscrit ») Meaning of other words and expressions 27.1(2) Words and expressions used in this section and sections 27.2 to 27.13 and not defined in this section have the same meaning as in The Municipal Councils and School Boards Elections Act . Value of non-monetary contribution 27.1(3) The value of a non-monetary contribution is its market value when the contribution is made. If property or services are provided at less than their market value, the value of the non-monetary contribution is the difference between the market value of the property or services when they were provided and the amount charged by the person providing them. Value of non-monetary contribution by employer 27.1(4) If an employer contributes the services of an employee, the value of the contribution is the cost to the employer of the employee's salary or wages during the period the services are provided. S.M. 2025, c. 35, s. 3 . Registration of Candidates Registration of prospective candidate 27.2(1) The senior election official must register a person who proposes to be a candidate in an election for school trustee if (a) during the campaign period for the election and before nominations close, the person applies to be registered in a form approved by the senior election official; and (b) the senior election official is satisfied that the person is eligible to be nominated. Information that prospective candidate must provide 27.2(2) A person applying to be registered as a candidate must provide their name, address and any additional information the senior election official may require. Registered candidate entitled to copy of voters list 27.2(3) On request, the senior election official must give a registered candidate a copy of the voters list in a form determined by the senior election official. S.M. 2025, c. 35, s. 3 . Election financing activities prohibited if candidate not registered 27.3 A person who is not registered as a candidate, or a person acting on behalf of such a person, must not, for the purpose of electing the person, (a) solicit or accept money or a non-monetary contribution; or (b) incur an expense. S.M. 2025, c. 35, s. 3 . Contributions Only individual residents may contribute 27.4(1) A person or organization must not make a contribution to a registered candidate unless the person is an individual resident in Manitoba. Flin Flon residents 27.4(2) An individual who is normally resident in the boundary area defined in The Flin Flon Extension of Boundaries Act , S.M. 1989-90, c. 73, may make a contribution to a registered candidate in an election in the school division that includes the City of Flin Flon. S.M. 2025, c. 35, s. 3 . Maximum contribution of $1,500 27.5(1) An individual must not make contributions exceeding a total of $1,500 to any one registered candidate in an election. Contributor to use own money or property 27.5(2) An individual must not make a contribution of anything (a) that does not actually belong to the individual; or (b) that has been provided to the individual by another person or organization for the purpose of making the contribution. Limit on cash contributions 27.5(3) An individual must not contribute cash in an amount that exceeds $25. Only during election campaign period 27.5(4) An individual must not make a contribution except during the campaign period, and a candidate or person acting on the candidate's behalf must not accept a contribution except during that period. S.M. 2025, c. 35, s. 3 . Registered candidate may contribute to own campaign 27.6 A registered candidate may make a monetary contribution to their own campaign but the total amount must not exceed $7,500. S.M. 2025, c. 35, s. 3 . Contributions that registered candidate must not accept 27.7(1) A registered candidate or a person acting on the candidate's behalf must not solicit or knowingly accept a contribution (a) that is from a person or organization who is not authorized to contribute under section 27.4; (b) that results in the contribution limit in subsection 27.5(1) or section 27.6 being exceeded; or (c) that is otherwise prohibited under section 27.5. Return of contribution 27.7(2) If a registered candidate learns that a contribution has been accepted contrary to subsection (1), the candidate must promptly return it to the contributor or pay the contributor an amount equal to its value. Anonymous contributions 27.7(3) A registered candidate who receives an anonymous contribution must turn it over to the senior election official without delay. Such a contribution becomes part of the general funds of the school division or school district. S.M. 2025, c. 35, s. 3 . Campaign Expenses Campaign expense limit 27.8(1) A registered candidate must not incur campaign expenses that exceed the total amount of monetary contributions received, including contributions made by the candidate to their own campaign under section 27.6. No deficit 27.8(2) A registered candidate must not incur a deficit in respect of their campaign. Amounts excluded from campaign expenses 27.8(3) In determining a candidate's campaign expenses for the purpose of this section, the expenses that a candidate incurs for child care, or because of a disability of the candidate, that are over and above what the candidate normally incurs for those reasons are not campaign expenses. S.M. 2025, c. 35, s. 3 . Obligations — Records and Finances Duties of registered candidate — records 27.9 A registered candidate must ensure that (a) proper records are kept of contributions received and campaign expenses incurred by the candidate; and (b) all financial records relating to the election campaign are retained for at least two years after the election and made available on request to the secretary-treasurer. S.M. 2025, c. 35, s. 3 . No loans from registered candidates to others 27.10 A registered candidate must not lend money raised for the purposes of an election to another person or organization. S.M. 2025, c. 35, s. 3 . Registered candidate to file election finance statement 27.11(1) A registered candidate must file with the secretary-treasurer an election finance statement that contains the following information respecting the campaign period: (a) all contributions received by the candidate; (b) the name, address and the contribution of each contributor who has contributed more than $250 to the candidate; (c) an itemized list of campaign expenses incurred by the candidate. Filing deadline 27.11(2) A registered candidate must file their election finance statement within 30 days after the end of the campaign period. Statutory declaration required 27.11(3) An election finance statement must be accompanied by a statutory declaration confirming the accuracy of the information provided in the statement. Publication 27.11(4) The secretary-treasurer must make an election finance statement received from a registered candidate publicly available on a school division or school district website as soon as practicable after it is received. S.M. 2025, c. 35, s. 3 . Surplus payable to school division or school district 27.12(1) If the election finance statement of a registered candidate shows a surplus, the candidate must, without delay, pay the surplus to the school division or school district. Release of surplus 27.12(2) The school board or school district must hold the amount of the surplus in trust for the candidate and pay it (a) to the candidate if the candidate is a registered candidate in the next general election or in a by-election that occurs before the next general election; or (b) into the general funds of the school board or the school district, in any other case. S.M. 2025, c. 35, s. 3 . Offences Offences 27.13(1) A person or organization that contravenes any of the following provisions is guilty of an offence: (a) section 27.3 (prohibited activities if candidate not registered); (b) section 27.4 (prohibited contributors); (c) sections 27.5 to 27.7 (contribution requirements); (d) section 27.8 (campaign expense requirements); (e) sections 27.9 to 27.11 (candidate's obligation — records, loans and election finance statement); (f) subsection 27.12(1) (candidate's surplus). Offence relating to failure to provide information 27.13(2) A registered candidate who omits to state a material fact when providing information in a statement or other document required under section 27.11 is guilty of an offence. Offences relating to false or misleading information 27.13(3) A person or organization that knowingly gives false information about a contribution or a purported contribution to a registered candidate or other person who is authorized to accept a contribution is guilty of an offence. Liability of directors and others 27.13(4) If a corporation or organization commits an offence under this section, a director, officer, employee or agent of the corporation or organization who authorized, permitted or acquiesced in the offence commits the same offence, whether or not the corporation or organization has been prosecuted or convicted. Deemed actions of directors and others 27.13(5) An act or thing done or omitted to be done by a director, officer, employee or agent of a corporation or organization within the scope of the individual's authority to act on behalf of the corporation or organization is deemed to be an act or thing done or omitted to be done by the corporation or organization. Penalty 27.13(6) A person who is convicted of an offence under this section is liable to a fine of not more than $5,000. S.M. 2025, c. 35, s. 3 . No disqualification — offences 27.14 Section 39.6 (disqualification for violation or conviction) does not apply to a person who is alleged to have violated a provision of sections 27.3 to 27.12 or is convicted of any offence referred to in section 27.13. S.M. 2025, c. 35, s. 3 . OFFICIAL TRUSTEE Appointment of official trustee 28(1) The Lieutenant Governor in Council may appoint an official trustee for any school division or school district, the affairs of which are not being or cannot be, in his opinion, satisfactorily managed by the school board of that school division or school district, as the case may be. Powers of official trustee 28(2) Every official trustee appointed under this section (a) has all the powers and authority conferred by this Act upon a school board and upon its officers; (b) shall comply with the provisions of this Act relating to school boards in so far as they apply to him; and (c) shall be remunerated out of the funds of the school division or school district or otherwise, as the Lieutenant Governor in Council may decide. Retirement of former officials 28(3) Upon the appointment of an official trustee under this section for any school division or school district, all other trustees and officials of the school division or school district, if any, shall cease to hold office and after a proper audit they shall forthwith deliver to the official trustee all moneys, books and records, pertaining to the school division or school district to be retained by him while he holds office. Retirement of official trustee 28(4) The Lieutenant Governor in Council may, either on his volition or on petition signed by at least 50% of the voters of the school division or school district, arrange for the election of a school board for the school division or school district and, upon the trustees being elected and taking office, the appointment of the official trustee appointed under subsection (1) shall terminate. Appointment of deputies 28(5) Where the Lieutenant Governor in Council before or after the coming into force of this Act has appointed or appoints any officer of the department as official trustee of a school division or school district, he may also appoint any one or more members of the staff of the department to be a deputy of the official trustee so appointed and to act during his absence or incapacity from any cause and may, by the order, direct that each deputy shall have all the powers and duties of the official trustee or only such of them as may be specified in the order and each deputy shall have, exercise and discharge the powers and duties as set out in the order. Reporting positions of trust 28(6) An official trustee appointed under this section shall report to the minister all occupations of trust as is required for secretary-treasurers under subsection 53(5). S.M. 2005, c. 27, s. 162 . MEETINGS OF TRUSTEES First meeting 29(1) The first meeting of the school board of a school division or school district following the general election of trustees shall take place within 14 days after the election on a day and at an hour to be fixed by the secretary-treasurer of the school division or school district who shall notify each trustee of the date, time and place of the meeting. Election of chair and vice-chair 29(2) From among the trustees present, the secretary-treasurer must conduct an election of a chair and a vice-chair of the board. The election must be held (a) in a year a general election is held, at the first meeting of a school board after the general election; and (b) in any other year, at the first meeting of a school board in September. Trustee may conduct election 29(2.1) If the secretary-treasurer is absent when an election under subsection (2) is to be held, the trustees must select from among themselves a trustee to conduct the election, and the trustee selected is entitled to vote in the election. Term of chair and vice-chair 29(2.2) The chair and the vice-chair hold office until the next election held under subsection (2). Tie vote 29(3) In the event of a tie vote in selecting a chairman or vice-chairman the school board shall determine by lot who shall cast the deciding ballot. R.S.M. 1987 Supp., c. 26, s. 2 ; S.M. 2004, c. 15, s. 9 ; S.M. 2005, c. 27, s. 162 . Emergency meeting 30(1) Notwithstanding subsection (2), the school board may hold a meeting at any time and any place to deal with an emergency situation if all the trustees consent thereto and are present thereat. Notice of school board meetings 30(2) Notice of all school board meetings, regular and special, shall be given by the secretary-treasurer to all trustees so that the notice will be received at every trustee's designated address at least 24 hours before the meeting, by notifying each of them personally or in writing, stating the place, date and hour of the meeting. Open meeting of school board 30(3) Every school board shall hold its meetings openly, and no person shall be excluded or removed from any meeting except for improper conduct. Committee meetings 30(4) Meetings of committees may be held in camera. Maintaining order by conduct and deciding questions 30(5) At all meetings of the school board the chairman of the meeting shall (a) maintain the order and proper conduct and decorum of the meeting; and (b) decide questions of order, subject to an appeal to the rest of the board. Removal of persons from meetings 30(6) Where, at a meeting of the school board, any person other than a member of the school board is, in the opinion of the chairman of the meeting, guilty of disorderly or improper conduct, the chairman of the meeting may require him to leave the meeting forthwith and if he fails to do so may cause him to be removed. Chairman to preside 31 The chairman shall preside at the meetings of the school board and may vote with the other members on all questions and any question on which there is an equality of votes shall be deemed to be negatived. Vice-chairman to preside 32 In the absence of the chairman, the vice-chairman shall preside and while so presiding he has all the powers of the chairman. Rules of procedure 33(1) Subject to the provisions of this Act and the regulations, each school board shall pass by-laws establishing rules of procedure for the guidance of the school board in the conduct of its meetings. Reversal of decisions 33(2) Subject to subsection (3), a question once decided by a school board shall not be reversed unless (a) written notice of a proposal to reverse the decision has been given from at least one meeting to another; and (b) a majority of the total number of trustees for the division votes in favour of the reversal. Reversal by unanimous consent 33(3) A decision of a school board may at the same meeting at which it is made and by unanimous consent of all members present and voting thereon be reversed. Powers of trustees in case of illegal election or vacancy 34 No resolution, by-law, proceeding or action, of any school board shall be invalid or set aside by reason of any person whose election as a member thereof has been annulled or declared illegal under this Act or any other Act of the Legislature, or who is not qualified under this Act, as the case may be, having acted as a trustee and, where the seat of any trustee becomes vacant, the remaining trustees shall carry on the work of the school board until his successor is elected or appointed and takes office. Corporate acts must be done at school board meetings 35 An Act or proceeding of a school board that is not done or taken at a regular or special meeting of the school board, is not valid or binding on any person affected thereby. TRUSTEE CODE OF CONDUCT Code of conduct 35.1(1) A school board must establish a code of conduct that applies to trustees. Content 35.1(2) A code of conduct must, at a minimum, (a) require a trustee to (i) act with integrity and in a manner that maintains the dignity of the office, (ii) respect others who may have differing opinions, and (iii) keep in confidence any personal or confidential information obtained in his or her capacity as a trustee and not disclose the information except when required by law or authorized by the school board to do so; and (b) address any matter or incorporate any provision that is required to be addressed or included under a regulation made under section 35.4. S.M. 2012, c. 23, s. 2 . Enforcement of code of conduct 35.2(1) If a school board determines that a trustee has breached the code of conduct that applies to the trustee, the board may impose one or more of the following sanctions: 1. Censuring the trustee. 2. Barring the trustee from attending all or part of a meeting of the school board or a committee of the school board. 3. Suspending the trustee from the school board, including suspending all the trustee's rights, duties and privileges as a member of the school board, for up to three months. Motion re sanction 35.2(2) A motion to sanction a trustee is subject to the following rules: 1. The motion may be debated at a board meeting that is closed to the public, but must be voted on in public. 2. To be approved, a motion to impose a sanction under item 2 or 3 of subsection (1) requires an affirmative vote of 2/3 of all the members of the school board. Sanctioned member not considered to be absent 35.2(3) When a sanction has been imposed under item 2 or 3 of subsection (1), it is considered to be an absence authorized by the school board. Effect on indemnity 35.2(4) For certainty, in a by-law passed under subsection 56(1) a board may specify that the annual indemnity payable under that provision may be reduced as a result of a trustee being sanctioned under item 3 of subsection (1). S.M. 2012, c. 23, s. 2 . Appeal to adjudicator 35.3(1) In accordance with the regulations, a trustee who is sanctioned under item 2 or 3 of subsection 35.2(1) may appeal to a single adjudicator appointed by the minister. Appeal must be made within 10 days 35.3(2) A trustee who wishes to appeal a sanction must provide written notice to the minister within 10 days of the day the sanction was imposed. Power of adjudicator 35.3(3) An adjudicator who hears an appeal under this section may vary or set aside the sanction imposed on a trustee, as the adjudicator sees fit. Costs 35.3(4) The costs of an adjudication must be paid by the school division. If authorized by the adjudicator, the school division may recover some or all of the costs from the trustee. S.M. 2012, c. 23, s. 2 . Regulations 35.4 The minister may make regulations (a) governing codes of conduct that apply to trustees, including (i) prescribing matters to be addressed by the codes, (ii) prescribing provisions that are to be part of the codes, and (iii) respecting the process to be followed by a school board in determining if a trustee has breached the board's code of conduct; (b) respecting the appointment of an adjudicator for the purpose of section 35.3 and the conduct of an appeal heard by the adjudicator. S.M. 2012, c. 23, s. 2 . Special application: breach of confidentiality 35.5 For the purpose of subsections 39.7(1) and (5), the provisions of a trustee code of conduct respecting a trustee's requirement to keep in confidence any personal or confidential information obtained in his or her capacity as a trustee and not disclose the information except when required by law or authorized by the school board to do so are deemed to be a provision of this Act. S.M. 2012, c. 23, s. 2 . CONFLICT OF INTEREST Definitions 36(1) In this section and in sections 36, 37, 38, 39.1, 39.2, 39.3, 39.4, 39.5, 39.6, 39.7 and 39.8, "Crown Agency" means a Crown Agency as defined in The Legislative Assembly Act ; (« organisme de la Couronne ») "dependant" means (a) the spouse or common-law partner of a trustee, and (b) any child, natural or adopted, of the trustee who resides with the trustee; (« personne à charge ») "direct pecuniary interest" includes a fee, commission or other compensation paid or payable to any person for representing the interests of another person, corporation, partnership or organization in a matter; (« intérêt financier direct ») "ordinary resident" means (a) in the case of a matter relating to an entire school division or school district, an ordinary resident of the school division or school district, and (b) in the case of a matter relating to a part of a school division or school district, an ordinary resident of that part of the school division or school district; (« simple résident ») "subsidiary" means a corporation that is a subsidiary of another corporation or of another subsidiary. (« filiale ») Subsidiary corporation 36(2) A corporation is a subsidiary of another corporation when it is controlled by that other corporation. Control 36(3) For the purposes of subsection (2), a corporation is controlled by another corporation where (a) securities of the controlled corporation to which are attached more than 50% of the votes that may be cast to elect directors of the controlled corporation are held, other than by way of security only, by or for the benefit of the controlling corporation; and (b) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the controlled corporation. R.S.M. 1987 Supp., c. 26, s. 3 ; S.M. 2002, c. 24, s. 50 ; S.M. 2005, c. 27, s. 162 . Indirect pecuniary interest 37(1) For the purposes of this Act, a person is presumed to have an indirect pecuniary interest in a matter where (a) the person, or a nominee of the person, (i) holds a beneficial interest in, or a share warrant or purchase option in respect of, 5% or more of the value of the issued capital stock, or (ii) is a director or officer, of a corporation that has, or a subsidiary of which has, a direct pecuniary interest in the matter; or (b) the person is (i) a partner of or employed by, or (ii) a guarantor or surety for, or (iii) a creditor of, a person, corporation, partnership or organization who or which, or in the case of a corporation a subsidiary of which, has a direct pecuniary interest in the matter. Exception for indemnity or expenses 37(2) For the purposes of this Act, a trustee is presumed not to have a direct or indirect pecuniary interest in any matter involving the indemnity, expenses or remuneration payable to trustees. No pecuniary interest in certain transactions 37(3) For the purposes of this Act, a person, corporation, partnership or organization is presumed not to have a direct or indirect pecuniary interest in respect of (a) any contract into which the person, corporation, partnership or organization enters with a school division or school district, on terms common to contracts between other persons, corporations, partnerships or organizations and the school division or school district, (i) for the supply, provision or sale by the person, corporation, partnership or organization of a utility, service, article or merchandise to the school division or school district, or (ii) for payment by the school division or school district, for the installation by the person, corporation, partnership or organization, of sewer or water connections or appliances, or (iii) for the construction, by the person, corporation, partnership or organization, of any building approved by the minister and by the school division or school district; or (b) official notices or advertisements inserted by a school division or school district, or subscriptions held by a school division or school district, at normal commercial rates, in or to a newspaper or other periodical publication of which the person, corporation, partnership or organization is the proprietor or in which the person, corporation, partnership or organization is otherwise interested; or (c) bonds or debentures of the school division or school district held by the person, corporation, partnership or organization; or (d) reasonable compensation received by the person, corporation, partnership or organization for providing work, goods or services to the school division or school district in an emergency. Indirect pecuniary liability 37(4) For the purposes of this Act, a person is presumed to have an indirect pecuniary liability to another person or to a corporation, partnership or organization where (a) the person, or a nominee of the person, (i) holds a beneficial interest in, or a share warrant or purchase option in respect of, 5% or more of the value of the issued capital stock, or (ii) is a director or officer, of a corporation which, or a subsidiary of which, has a direct pecuniary liability to the other person or to the corporation, partnership, or organization; or (b) the person is (i) a partner of or employed by, or (ii) a guarantor or surety for, or (iii) a creditor of, a person, corporation, partnership, or organization who or which, or in the case of a corporation a subsidiary of which, has a direct pecuniary liability to the other person or to the corporation, partnership, or organization.

Interest or liability must be significant 37(5) For the purposes of this Act and notwithstanding any other provision thereof, (a) where the direct or indirect pecuniary interest of any person, corporation, partnership or organization in a matter does not exceed the pecuniary interest of an ordinary resident in the matter, the person, corporation, partnership or organization shall be presumed not to have a direct or indirect pecuniary interest in the matter; (b) where the direct or indirect pecuniary liability of any person to another person or to a corporation, partnership or organization does not exceed the pecuniary liability of an ordinary resident to the same person or to the same corporation, partnership or organization, the person shall be presumed not to have a direct or indirect pecuniary liability to the other person or to the corporation, partnership or organization; and (c) no person shall be presumed to have a direct or indirect pecuniary interest in any matter, or a direct or indirect pecuniary liability to another person or to a corporation, partnership or organization, unless the value of the pecuniary interest or liability is $500. or more. Appointments to commissions, boards and agencies 37(6) For the purposes of this Act, where a trustee is appointed to serve in an official capacity as trustee on any commission, board or agency, the trustee shall be presumed not to have a direct pecuniary interest in the appointment and shall not be presumed, solely by virtue of that appointment, to have (a) an indirect pecuniary interest in any matter in which the commission, board or agency has a direct pecuniary interest; or (b) an indirect pecuniary liability to another person to whom or to any corporation, partnership or organization to which the commission, board or agency has a direct pecuniary liability. Employees of public bodies 37(7) For the purposes of this Act, where a person who is a trustee of a school division or school district is employed by (a) the Government of Canada or a federal Crown agency; or (b) the Government of Manitoba or a Crown agency thereof; or (c) another school division or school district; or (d) a municipality; the person shall not be presumed to have (e) an indirect pecuniary interest in a matter in which the person's employer has a direct pecuniary interest; or (f) an indirect pecuniary liability to another person to whom, or to a corporation, partnership or organization to which, the person's employer has a direct pecuniary liability. Contribution to budget 37(8) For the purposes of this Act, a corporation or organization shall not be presumed to have a direct pecuniary interest in a matter relating to a school division or school district solely by virtue of the fact that the corporation or organization is liable to pay a portion of the budget of the school division or school district under an agreement entered into with the school board thereof. R.S.M. 1987 Supp., c. 26, s. 3 ; S.M. 2020, c. 21, s. 101 . Disclosure during meetings 38(1) Where, during any meeting, there arises a matter (a) in which a trustee or any of the trustee's dependants has a direct or indirect pecuniary interest; or (b) involving the direct or indirect pecuniary interest of any person, corporation, subsidiary of a corporation, partnership or organization to whom or to which a trustee or any of the trustee's dependants has a direct or indirect pecuniary liability; the trustee shall (c) disclose the general nature of the direct or indirect pecuniary interest or liability; (d) withdraw from the meeting without voting or participating in the discussion; and (e) refrain at all times from attempting to influence the matter. All official meetings included 38(2) In subsection (1), "meeting" includes (a) a school board meeting; and (b) a meeting of any committee or subcommittee of a school board or any subcommittee of a committee on which the trustee sits. Absence from meeting 38(3) Where a trustee fails to comply with subsection (1) at any meeting by reason of the absence of the trustee from the meeting, the trustee shall (a) disclose the general nature of the trustee's direct or indirect pecuniary interest or liability at the next meeting of the same body before which the matter arose; and (b) refrain at all times from attempting to influence the matter. Record of compliance 38(4) Where a trustee complies with subsection (1), the clerk of the meeting shall record (a) the disclosure; (b) the general nature of the direct or indirect pecuniary interest or liability disclosed; and (c) the withdrawal of the trustee from the meeting; and the clerk of the meeting shall subsequently file with the secretary-treasurer (d) the information recorded under clauses (a), (b) and (c); and (e) a notation indicating whether the meeting in question was open to the public or closed to the public, or was a meeting the minutes of which are not open to the public. R.S.M. 1987 Supp., c. 26, s. 3 . Central record of disclosures 39(1) The secretary-treasurer of every school division or school district shall keep a central record for purposes of recording information in accordance with subsections (2) and (3). Information disclosed at open meeting 39(2) Where the meeting referred to in subsection 38(1) was open to the public, the secretary-treasurer shall record (a) the disclosure; (b) the general nature of the direct or indirect pecuniary interest or liability disclosed; and (c) the withdrawal of the trustee from the meeting; in the central record. Information disclosed at closed meeting 39(3) Where the meeting referred to in subsection 38(1) was closed to the public or was a meeting the minutes of which are not open to the public, the secretary-treasurer of the school division or school district shall record (a) the disclosure; and (b) the withdrawal of the trustee from the meeting; in the central record. Central record open to public 39(4) The secretary-treasurer of every school division or school district shall make the central record referred to in this section available for inspection by any person, without charge, during normal business hours. R.S.M. 1987 Supp., c. 26, s. 3 . Reduced quorum 39.1(1) Where by reason of withdrawals from a meeting under subsection 38(1), the number of trustees remaining at the meeting is not sufficient to constitute a quorum, then, notwithstanding the provisions of any Act of the Legislature or any rule of procedure or by-law of the school division or school district, the number of trustees remaining, if not fewer than two, are deemed to constitute a quorum for purposes of discussing and voting on any matter referred to in that subsection. Application to minister 39.1(2) Where in the circumstances referred to in subsection (1) there would be fewer than two trustees remaining at a meeting of a school board, the school board shall apply to the minister who shall refer the matter to The Board of Reference. Order of Board of Reference 39.1(3) Upon hearing an application brought in respect of a matter under subsection (2), The Board of Reference may order that (a) subsection (1) does not apply to the school board in respect of the matter; and (b) the school board may discuss and vote on the matter in the same manner as though none of the trustees or their dependants had any direct or indirect pecuniary interest or liability in or in relation to the matter; subject only to such conditions and directions as The Board of Reference may prescribe. Referral to school board of school district 39.1(4) Where in the circumstances referred to in subsection (1) there would be fewer than two trustees remaining at a meeting of a committee or subcommittee, the committee or subcommittee shall refer the matter to the school board, and the school board shall discuss and vote on the matter in place of the committee or subcommittee. R.S.M. 1987 Supp., c. 26, s. 3 . Voidability of transaction or procedure 39.2 The failure of any trustee of a school board to comply with subsection 38(1) does not of itself invalidate (a) any contract or other pecuniary transaction; or (b) any procedure undertaken by the school board with respect to a contract or other pecuniary transaction; to which the failure relates, but the transaction or procedure is voidable at the instance of the school board before the expiration of two years from the date of the decision authorizing the transaction, except as against any person, corporation, partnership or organization who or which acted in good faith and without actual notice of the failure. R.S.M. 1987 Supp., c. 26, s. 3 . Statement of assets and interests 39.3(1) Prior to taking the oath or affirmation of office, every trustee of a school division or school district shall file with the secretary-treasurer of the school division or school district a statement disclosing assets and interests in accordance with subsection (4). Notification of failure to comply 39.3(2) Where a trustee fails to comply with subsection (1), the secretary-treasurer shall forthwith notify the trustee in writing of the failure, and the trustee shall, within 30 days after receiving the notification, file the statement referred to in subsection (1). Further statement after acquisition or disposal 39.3(3) Where after the filing of a statement under subsection (1) or (2) a trustee or any dependant of a trustee acquires or disposes of any asset or interest of a kind mentioned in subsection (4), the trustee shall within 30 days of the acquisition or disposal file with the secretary-treasurer a further statement disclosing the acquisition or disposal. Assets and interests that must be disclosed 39.3(4) Subject to subsection (5), a trustee of the school board of a school division or school district filing a statement under subsection (1), (2) or (3) shall in the statement disclose (a) all land in the school division or school district in or in respect of which the trustee or any of the trustee's dependants has any estate or interest, including any leasehold estate and any mortgage, licence or interest under a sale or option agreement, but excluding principal residence property; (b) where the trustee or any of the trustee's dependants holds a beneficial interest in, or a share warrant or purchase option in respect of, 5% or more of the value of the issued capital stock of a corporation, all estates and interests in or in respect of land in the school division or school district held by that corporation or by a subsidiary of that corporation; (c) the name of every corporation, and every subsidiary of every corporation, in which the trustee or any of the trustee's dependants holds a beneficial interest in 5% or more of the value of the issued capital stock, or holds a share warrant or purchase option in respect of 5% or more of the value of the issued capital stock; (d) the name of every person, corporation, subsidiary of a corporation, partnership or organization that remunerates the trustee or any of the trustee's dependants for services performed as an officer, director, manager, proprietor, partner or employee; (e) bonds and debentures held by the trustee or any of the trustee's dependants, excluding bonds issued by the Government of Canada, by the government of any province of Canada, or by any municipality in Canada, and also excluding Treasury Bills; (f) holdings of the trustee or any of the trustee's dependants in investment funds, mutual funds, investment trust or similar securities, excluding Retirement Savings Plans, Home Ownership Savings Plans, accounts and term deposits held in banks, credit unions or other financial institutions, pension plans and insurance policies; (g) any interest in property in the school division or school district to which the trustee or any of the trustee's dependants is entitled in expectancy under any trust, and any interest in property in the school division or school district over which the trustee or any of the trustee's dependants has a general power of appointment as executor of a will, administrator of an estate or trustee under a deed of trust; (h) the nature, and the identity of the donor, of every gift given to the trustee or any of the trustee's dependants at any time after the coming into force of this section, excluding (i) gifts from a family member, (ii) gifts disclosed in any previous statement filed under subsection (1), and (iii) gifts received before the trustee was first elected to the school board; and (i) the general nature of any contract or other pecuniary transaction entered into at any time after the coming into force of this section between the school division or school district and (i) the trustee or any of the trustee's dependants, or (ii) any corporation referred to in clause (c), or (iii) any partnership in which the trustee or any of the trustee's dependants is a partner, but excluding (iv) any such contract or other pecuniary transaction entered into before the trustee was first elected to the school board, (v) any such contract or other pecuniary transaction disclosed in any previous statement filed under this section, and (vi) any transaction in which the trustee or any of the trustee's dependants is presumed under section 37 not to have a direct or indirect pecuniary interest. General exemptions 39.3(5) For the purposes of this section, no trustee of a school board is required (a) to disclose any gift worth less than $250., unless the total value of all the gifts from the donor to the trustee and the trustee's dependants during the preceding year exceeded $250.; or (b) to disclose any other asset or interest worth less than $500.; or (c) to estimate the value of any asset or interest disclosed; or (d) to disclose any asset or interest acquired by a dependant of the trustee (i) prior to January 1, 1984, in the case of a trustee elected before January 1, 1987, and (ii) in the case of a dependant of any other person susequently elected to the school board, more than two years before the person was elected to the school board for the first time after the coming into force of this section. Continuing disclosure 39.3(6) Where a trustee or any of the trustee's dependants receives as a gift any of the assets or interests referred to in clauses 4(a) to 4(g), the trustee shall, notwithstanding that the gift has already been disclosed in a statement filed under this section, continue to disclose the asset or interest in every statement filed thereunder until the trustee or dependant disposes of the asset or interest. Statements not available to public 39.3(7) Subject to subsections (8) and (9), the secretary-treasurer of a school division or school district shall not (a) make any statement filed under this section available for inspection by any person; or (b) reveal the contents of any statement filed under this section to any person. Exception for trustees 39.3(8) Subsection (7) does not apply to a trustee who wishes to inspect, or to be informed of the contents of, any statement filed by the trustee under this section. Limited disclosure 39.3(9) Where any person (a) provides details of a possible violation of this Act by a trustee of a school board; and (b) indicates a specific asset or interest in respect of which the possible violation may have occurred; the secretary-treasurer of the school division or school district shall examine the statements filed by the trustee under this section and shall in writing inform the person whether or not the statements disclose the specific asset or interest. R.S.M. 1987 Supp., c. 26, s. 3 . Insider information 39.4(1) No trustee shall use, for personal gain or the gain of any other person, information that is not available to the public and that the trustee acquires in the performance of the trustee's official powers, duties and functions. Compensation for services 39.4(2) No trustee of a school board shall receive or agree to receive any compensation, directly or indirectly, for services rendered or to be rendered by the trustee (a) to any person, corporation, partnership or organization in relation to any by-law, resolution, contract, proceeding or other matter before the school board or any committee or subcommittee thereof, before any subcommittee of a committee or before any commission, board or agency on which the trustee serves in an official capacity as trustee; or (b) in order to influence or attempt to influence any other trustee. Use of influence 39.4(3) No trustee of a school division or school district shall directly or indirectly communicate with another trustee or with an officer or employee of the school division or school district for the purpose of influencing the school division or school district to enter into any contract or other transaction, or to confer any benefit, in which the trustee or any of the trustee's dependants has a direct or indirect pecuniary interest. R.S.M. 1987 Supp., c. 26, s. 3 . Right to appear 39.5(1) Notwithstanding anything in this Act but subject to subsection (3), a trustee has the same right as any other resident of the school division or school district to appear before a meeting of the school board thereof for the purpose of representing the trustee's personal interests in any matter within the jurisdiction of the school board. "Meeting" defined 39.5(2) In subsection (1), "meeting" includes (a) a school board meeting; (b) a meeting of any committee or subcommittee of a school board or any subcommittee of a committee; and (c) a meeting of any commission, board or agency that has jurisdiction in the matter. No right to vote 39.5(3) Where a trustee sits on any body that is considering a matter referred to in subsection (1), the trustee shall not vote on the matter. R.S.M. 1987 Supp., c. 26, s. 3 . Disqualification for violation or conviction 39.6(1) A trustee is disqualified from holding office if he or she (a) violates any provision of this Act; or (b) is convicted of (i) an offence punishable by imprisonment for five years or more, or (ii) an offence under section 122 (breach of trust by public officer), 124 (selling or purchasing office) or 125 (influencing or negotiating appointments or dealings in office) of the Criminal Code (Canada). Result of disqualification 39.6(1.1) When a trustee is disqualified under subsection (1), his or her seat becomes vacant as of the day a declaration is made under subsection 39.7(6) or section 39.8. Eligibility at next election 39.6(1.2) A trustee who is disqualified under subsection (1) remains disqualified from being nominated for, or elected or appointed as, a trustee for four years after the day a declaration described in subsection (1.1) is made. Disqualification for failure to file statement 39.6(2) The failure by a trustee to file a statement under subsection 39.3(1) is not a violation within the meaning of subsection (1) of this section, unless the trustee further fails to file the statement under subsection 39.3(2). Effect on other business 39.6(3) Subject to section 39.2, no decision or transaction, and no procedure undertaken by a school division or school district with respect to a decision or transaction, is void or voidable by reason of the violation of a provision of this Act by a trustee. R.S.M. 1987 Supp., c. 26, s. 3 ; S.M. 2004, c. 15, s. 10 . Application by secretary-treasurer to K.B. 39.7(1) Where it is alleged that a trustee has violated a provision of this Act, the school board of which the trustee is a member may direct the secretary-treasurer of the school board's school division or school district to apply by originating notice to a judge of the Court of King's Bench for a declaration that the trustee has violated a provision of this Act. Application by voter to K.B. 39.7(2) Where it is alleged that a trustee has violated a provision of this Act, and if there is no previous application outstanding or determined on the same facts, a voter may apply ex parte to a judge of the Court of King's Bench for authorization to apply for a declaration that the trustee has violated a provision of this Act. Affidavit and security for application 39.7(3) A voter who files an ex parte application under subsection (2) shall (a) file an affidavit showing details of the alleged violation; and (b) pay into court the amount of $300. as security for the application. Summary dismissal or authorizing of application 39.7(4) Upon hearing an ex parte application made under subsection (2), the judge may (a) dismiss the application and order forfeiture of all or part of the security referred to in clause (3)⁠(b); or (b) authorize the applicant to apply to another judge of the Court of King's Bench for a declaration that the trustee has violated a provision of this Act. Disposition after hearing 39.7(5) Upon hearing an application made under this section for a declaration that a trustee has violated a provision of this Act and such evidence as may be adduced, the judge may (a) declare that the trustee has violated a provision of this Act; or (b) refuse to make the declaration; and may make the declaration or refuse to make the declaration, with or without costs. Penalty for violation 39.7(6) Where a judge declares under subsection (5) that a trustee has violated a provision of this Act, the judge (a) shall declare the seat of the trustee vacant; and (b) may, where the trustee has realized pecuniary gain in any transaction to which the violation relates, order the trustee to make restitution to any person, including the school division or school district, affected by the pecuniary gain. Unknowing or inadvertent breach 39.7(7) Notwithstanding anything in this Act, where a judge finds that a trustee violated a provision of this Act unknowingly or through inadvertence, the trustee is not disqualified from holding office and the judge shall not declare the seat of the trustee vacant in consequence of the violation. Election not to preclude application 39.7(8) An application for a declaration that a trustee has violated a provision of this Act may be brought under this section notwithstanding that the trustee against whom the declaration is sought has resigned or did not seek re-election or was not re-nominated or was re-elected or defeated subsequent to the alleged violation of this Act. Application for restitution 39.7(9) Notwithstanding anything in this Act, where any person, whether the person is or was a trustee or not, has realized pecuniary gain in any transaction to which a violation of this Act relates, any person affected by the pecuniary gain, including any school division or school district, may apply to a court of competent jurisdiction for an order of restitution against the person who has realized the pecuniary gain. Limitation period for declaration 39.7(10) No application for a declaration that a trustee has violated a provision of this Act shall be brought under this section more than six years after the date of the alleged violation. Limitation period for order of restitution 39.7(11) No application for an order of restitution under this section shall be brought more than six years after the date of the transaction that resulted in the alleged pecuniary gain. No other proceedings 39.7(12) Proceedings to declare the seat of a trustee vacant, or for an order of restitution, in consequence of a violation of this Act, shall be had and taken only under the provisions of this Act and not by way of application for a writ of quo warranto or by a proceeding under any other Act of the Legislature or otherwise. R.S.M. 1987 Supp., c. 26, s. 3 ; S.M. 2005, c. 27, s. 162 . Regulations re electronic meetings 39.7.1(1) The minister may make regulations respecting the holding of school board meetings by electronic means, including providing that a trustee who participates in a regular meeting of a school board through electronic means is deemed to be present at the meeting for the purposes of this Act. Minimum attendance required 39.7.1(2) Despite a regulation passed under subsection (1), every trustee must be physically present at a regular meeting at least once every three months. S.M. 2004, c. 15, s. 11 . Declaration that seat vacant 39.8 A school board of a school division or school district shall declare a seat vacant and, subject to section 26, order an election to fill that seat when the trustee elected to that seat (a) is deceased; (b) has submitted a resignation in writing to the secretary-treasurer of the school division or school district; (c) has failed to attend three consecutive regular meetings of the school board without authorization of the school board by resolution recorded in the minutes; (d) has been disqualified from holding office under this Act; or (e) ceases to be a resident of (i) the school division or school district, or (ii) in the case of a school division or school district in which the residents of a reserve are voters, as determined under section 21.1 of The Municipal Councils and School Boards Elections Act , the school division or school district or the reserve. R.S.M. 1987 Supp., c. 26, s. 3 ; S.M. 2025, c. 14, s. 9 . Bonding of officials 40(1) The secretary-treasurer of a school division or school district and any other person to whom a school board entrusts school moneys, shall be bonded by an insurer licensed to undertake guarantee insurance in the province to secure the due keeping of, accounting for and paying over of all school moneys or property that come into his hands. Bonding of official trustees and secretary-treasurers 40(2) The minister shall cause (a) every official trustee appointed by the Lieutenant Governor in Council; and (b) the secretary-treasurer and other persons entrusted with money or property of a school division or school district; to be bonded under one or more general bonds covering, or each covering, the officials of several school divisions or school districts and the minister shall pay the premium charged for any such bond out of such moneys as may be authorized by an Act of the Legislature to be paid and applied for grants to public schools. Execution of bonds 40(3) Where the minister causes a bond to be procured under subsection (2), the bond may be executed by the minister, or by the Minister of Finance, on behalf of the government notwithstanding that the government may have no insurable interest therein or may not be the employer of any person in respect of whose default, malfeasance, misfeasance, non-feasance, dishonesty or neglect of duty, the bond is issued or given or made and in any casewhere the government is not the employer of any such person the minister executing the bond shall be deemed to be the agent, attorney and trustee for that purpose for each of the school divisions or school districts in respect of the secretary-treasurer and other persons for whom the bond is issued, given or made, in so far as their respective interests may extend and the bond shall be binding on the guarantor or insurer therein named in accordance with the terms thereof. Adequacy of bond 40(4) The adequacy of any bond provided under this section shall be determined by the school board. Additional bond coverage 40(5) Where the school board determines that the bond coverage under this section is inadequate, it shall, at its own expense, obtain additional bond coverage for the persons involved. PART III POWERS AND DUTIES OF SCHOOL BOARDS AND EMPLOYEES OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS DUTIES OF SCHOOL BOARDS Certain duties of school boards 41(1) Every school board shall (a) provide adequate school accommodation for the resident persons who have the right to attend school as provided in section 259; (a.1) provide, in accordance with this Act or as may be directed or prescribed by the minister, appropriate educational programming for every (i) pupil enrolled as provided for in section 58.4, and (ii) resident person who has the right to attend school as provided in section 259; (b) erect and maintain upon the school building or on the school grounds a flagstaff and shall cause the national flag of Canada to be (i) flown on each day that the school is open, weather conditions permitting, or (ii) prominently displayed in the school building when weather conditions do not permit the flag to be flown outdoors; (b.1) ensure that each pupil enrolled in a school within the jurisdiction of the school board is provided with a safe and caring school environment that fosters and maintains respectful and responsible behaviours and ensure that a written policy is established respecting appropriate and inappropriate interactions between pupils and staff; (b.2) ensure that a written policy is established respecting the appropriate use of (i) the Internet, including social media, text messaging, instant messaging, websites and e-mail, and (ii) digital cameras, cell phones — including cell phones equipped with digital cameras — and any other electronic or personal communication devices identified by the board; (b.3) ensure that a written policy is prepared for each school in the school division or school district respecting the provision of a nutrition program and that (i) the policy is reviewed at least once in each year by the school's parent advisory council, local school committee or school committee, and (ii) information about actions taken to implement the policy is reported as part of the school's annual school plan; (b.4) establish a written policy concerning respect for human diversity, and ensure that the policy is implemented in each school in the school division or school district; (c) authorize the disbursement of any moneys that are to be expended or have been expended in accordance with subsection 53(4); (d) publish, except in the case where a regulation made under section 193 applies, a summary or condensation of the annual financial report which summary or condensation shall not provide less information than the summary statement of revenue and expenditure and the statement of financial position of the revenue fund as may be required under subsection (14) and state in the publication thereof that a copy of the audited financial report is available for inspection by any voter at all reasonable hours in the office of the secretary-treasurer and that the voter at his own expense, may make a copy thereof or extracts therefrom; (e) except in the case of school districts to which the regulations made under section 193 apply, make available for examination and inspection in the office of the secretary-treasurer of the school board at any reasonable time by any resident of Manitoba a copy of (i) the final budget for the current year or any year within the last five years as adopted by the school board and submitted to the minister, but excluding therefrom information that may be related directly to any individual employee or to any current negotiations in respect of employee remuneration or benefits, and (ii) the audited financial statements of the school board for any year within the last five years prepared in accordance with the requirements of subsection (14), and permit the resident, at the resident's expense, to make copies thereof or of extracts therefrom; (f) arrange to deposit all school division or school district funds in an account established with a bank or credit union; (g) subject as otherwise provided in this Act, employ teachers and such other personnel as may be required by the school division or school district; (h) arrange for the payment of salaries at least monthly; (i) subject to this Act and the regulations, prescribe the duties that teachers and other personnel are to perform; (j) allow students enrolled in a teacher education course conducted to prepare persons to be certified as teachers under The Education Administration Act and approved by the minister, to attend any classroom of any school as determined by the school board and the teacher education institution, at any time when the school is in session for the purpose of observing and practice teaching; (k) admit at the opening of the fall term and at such times as the school board may by by-law establish, children beginning school pursuant to the provisions of Part XIV of this Act; (k.1) identify pupils who are disengaged from school, or who are at risk of becoming disengaged, and establish policies and procedures to support them becoming (i) re-engaged in school programming, or (ii) engaged in activities or programs prescribed under section 262.2, in the case of pupils who are 15 years of age or older and who have significant difficulties in engaging in school programming; (k.2) establish policies and procedures to assist pupils who have significant difficulties with attending school to regularly attend school; (l) in any published advertisement for the employment of a teacher, state (i) if no schedule of pay is in effect, the salary or the basis of the salary to be paid to the teacher, or (ii) if a schedule of pay is in effect, that the salary paid will be in accordance with the salary schedule for the school division or school district or with the collective agreement for the school division or school district, as the case may be; (m) immediately notify the minister responsible for health of any case reported to the school board pursuant to clause 96(e); (n) arrange to purchase textbooks for free distribution to pupils; (o) select and purchase or rent school sites and premises, and build, repair, furnish, keep in order and regulate the use of the school buildings, lands, enclosures and movable property; (p) determine the number, kind, grade, and description, of schools to be established and maintained; (q) [not proclaimed, but repealed by S.M. 2018, c. 29, s. 31 ]; (r) subject to any regulations made under The Education Administration Act , determine the times when and the manner in which reports and other information respecting pupils shall be delivered or provided or made available by teachers under section 96; (s) [repealed] S.M. 1996, c. 51, s. 6 ; (t) [repealed] S.M. 2023, c. 28, s. 13 ; (u) cooperate with schools to develop courses, programs and instructional materials, subject to the approval of the minister; (v) provide to parent advisory councils, local school committees and school committees any information that is reasonably necessary for their operation; (w) provide the minister, at the times and in the form and manner he or she determines, such information as the minister may require; (x) on an annual basis, report to the residents of the school division or school district, or in the case of the francophone school division, to parents of pupils who attend schools operated by it, any results of assessments of the effectiveness of educational programs; (y) comply with directives of the minister; (z) ensure that each school in the school division or school district prepares an annual school plan. Early screening for reading difficulties 41(1.0.1) The appropriate educational programming to be provided by a school board under clause (1)⁠(a.1) must include early reading screening for pupils in kindergarten to Grade IV that meets all the following requirements: (a) the screening tool, benchmarks relating to the tool and screening practices must meet the criteria established by the minister; (b) each pupil must receive two screenings for reading difficulties in at least three of the school years; (c) the teacher must provide the results of each screening on the next report of the pupil under clause 96(1)⁠(g); (d) the school board must ensure that a pupil who is identified as having reading difficulties has their progress monitored, receives appropriate programming and, if necessary, is also assessed in accordance with the regulations made under subsection (1.1). Exception — individual education plan 41(1.0.2) Despite clause (1.0.1)⁠(b), a pupil who has an individual education plan is not required to receive an early reading screening if under the plan it is not reasonable to expect the pupil to meet or approximate the applicable benchmark related to reading. Regulations — appropriate educational programming 41(1.1) The minister may make regulations respecting appropriate educational programming to be provided by school boards under clause (1)⁠(a.1), including, but not limited to, establishing (a) programming standards respecting resources and other support services to be provided by school boards; (b) a dispute resolution process to be followed if there is a disagreement about the appropriateness of the educational programming being provided to a pupil by the school board. Moratorium on closing schools 41(1.2) Except with the minister's written approval under this section, a school board may not close a school that pupils attended in the 2007-08 school year. Minister's approval 41(1.3) The minister may approve a school closure referred to in subsection (1.2) if the school board demonstrates to the minister's satisfaction that (a) the closure is the result of a consolidation of schools within the area or community; (b) there is a consensus among the parents and residents of the area served by the school that the school should be closed; or (c) it is no longer feasible to keep the school open because of declining enrolment and, despite having made reasonable efforts, the board has been unable to expand the use of the school building for appropriate community purposes. 41(1.4) [Not proclaimed, but repealed on March 31, 2023 by C.C.S.M. c. S207, s. 34.10 ] Appropriate use policy for Internet, etc. 41(1.5) An appropriate use policy established under clause (1)⁠(b.2) may include provisions that prohibit the accessing, uploading, downloading, sharing or distribution of information or material that the school board has determined to be objectionable or not in keeping with the maintenance of a positive school environment. Respect for human diversity policy 41(1.6) A respect for human diversity policy is to (a) promote and enhance (i) a safe and inclusive learning environment, (ii) the acceptance of and respect for others, and (iii) the creation of a positive school environment; and (b) address training for teachers and other staff about (i) bullying prevention, and (ii) strategies for promoting respect for human diversity and a positive school environment. Regard for principles of human rights 41(1.7) In preparing its respect for human diversity policy, a school board must have due regard for the principles of The Human Rights Code . Student activities and organizations 41(1.8) A respect for human diversity policy must accommodate pupils who want to establish and lead activities and organizations that (a) promote (i) gender equity, (ii) antiracism, (iii) the awareness and understanding of, and respect for, people who are disabled by barriers, or (iv) the awareness and understanding of, and respect for, people of all sexual orientations and gender identities; and (b) use the name "gay-straight alliance" or any other name that is consistent with the promotion of a positive school environment that is inclusive and accepting of all pupils. Request for deduction and payment of dues 41(2) Where collection of The Manitoba Teachers' Society fees is not covered by a collective agreement any teacher may in each year file with the school board by which the teacher is employed, in a form approved by the minister, a request that the annual dues of the teacher to The Manitoba Teachers' Society be deducted from the salary payable to the teacher and paid to the society as provided in subsection (3). Method of deduction and payment 41(3) Where a teacher has filed a request under subsection (2) or where a collective agreement in effect provides for the deduction and payment of annual dues of The Manitoba Teachers' Society, the school board shall deduct or pay over to the society the total amount of the dues on a monthly basis or on such basis as may be provided for by the collective agreement. Instructional responsibilities of school boards 41(4) Every school board shall provide or make provision for education in Grades I to XII inclusive for all resident persons who have the right to attend school. Programs not offered locally 41(5) Subject to any regulations made under The Education Administration Act every school board shall make provision for a pupil to attend a school in another school division or school district for a program not provided by the pupil's home school division or school district and the pupil's home school division or school district is responsible for paying the residual costs of the education. Transfer of pupil where program offered locally 41(5.1) Where a resident pupil attends a program at a school in another school division and that program is offered by the home school division, the home school division shall pay a pupil transfer fee to the other school division in accordance with the regulations. Regulations 41(6) The Lieutenant Governor in Council may make regulations (a) for the purposes of subsection (5), providing for the manner of calculating residual costs; and (b) for the purposes of subsection (5.1), providing for the manner of calculating pupil transfer fees. Tuition fees for Indian pupils 41(7) Where an agreement has been signed between the Government of Canada and the province respecting the attendance of Indian pupils in public schools, the Lieutenant Governor in Council shall, by order in council, annually set the tuition fee which shall be paid by the province to a school division or school district in respect of each Indian child enrolled in a public school therein. Appointment of auditor 41(8) Each school board shall annually appoint an auditor to carry out the duties of an auditor under this Act with respect to the school division or school district. Qualifications of auditor 41(8.1) The school board shall appoint as auditor a person who is a chartered professional accountant authorized to provide public accounting services in accordance with The Chartered Professional Accountants Act . Report name to minister 41(8.2) The school board shall, within 40 days after appointing an auditor under subsection (8), inform the minister of the name of the auditor appointed. Annual audit 41(9) The auditor of the school division or school district shall annually make an examination of the financial affairs, books, accounts, records, and transactions of the division or district. Method of audit 41(10) An examination made as required under subsection (9) shall be in accordance with generally accepted auditing standards, and shall include a general review of the adequacy of the accounting procedures and system of internal control employed to preserve and protect the assets. Auditor's report 41(11) An auditor for a school division or school district shall, not later than October 31 in each year, make a report to the school board on the annual financial statements that the auditor has examined as at the end of the preceding fiscal year. 41(11.1) [Repealed] S.M. 1996, c. 51, s. 6 . Standards of CPA Canada 41(11.2) A report made under subsection (11) shall (a) comply with the standards of Chartered Professional Accountants of Canada for an auditor's standard report; and (b) include the auditor's opinion as to whether the financial statements present fairly the financial position of the school division as at the end of the preceding fiscal year and the results of its operations for the preceding fiscal year, in accordance with accepted accounting principles for school divisions. Auditor's supplementary report 41(12) The auditor shall submit to the school board a supplementary report on his or her examination of the annual financial statements and the report shall contain any information required by the regulations. Ministerial regulations 41(12.1) For the purpose of subsection (12), the minister may make regulations respecting information to be contained in the auditor's supplementary report. Delivery of copies 41(13) The auditor shall furnish one copy of each report to the minister. Financial statement to minister 41(14) Not later than October 31 in each year, each school board shall furnish to the minister, in the form and manner that the minister requires, a duly audited financial statement showing the revenues, expenditures and other financial information relating to its school division or school district for the immediately preceding fiscal year, and the financial position of the school division or school district at the close of the immediately preceding fiscal year. 41(15) [Repealed] S.M. 1996, c. 51, s. 6 . S.M. 1988-89, c. 13, s. 36 ; S.M. 1989-90, c. 49, s. 7 ; S.M. 1996, c. 51, s. 6 ; S.M. 1998, c. 35, s. 5 ; S.M. 2004, c. 9, s. 2 ; S.M. 2004, c. 24, s. 1 ; S.M. 2005, c. 27, s. 162 ; S.M. 2008, c. 4, s. 2 ; S.M. 2008, c. 25, s. 2 ; S.M. 2008, c. 29, s. 2 ; S.M. 2011, c. 3, s. 3 ; S.M. 2013, c. 6, s. 4 ; S.M. 2013, c. 31, s. 5 ; S.M. 2015, c. 5, s. 125 ; S.M. 2018, c. 29, s. 31 ; S.M. 2020, c. 21, s. 102 ; C.C.S.M. c. S207, s. 34.10 ; S.M. 2023, c. 28, s. 13 ; S.M. 2025, c. 14, s. 10 ; S.M. 2025, c. 15, s. 3 ; S.M. 2025, c. 17, s. 2 ; S.M. 2025, c. 53, s. 2 . Definition of "accumulated deficit" 41.1(1) In this section, "accumulated deficit" means the financial position of the operating fund of a school division or school district where the amount by which the total of all deficits for the year and preceding years exceeds the total of all surpluses for the year and preceding years. Obligations where accumulated deficit 41.1(2) Where a financial statement furnished to the minister in accordance with subsection 41(14) discloses that the school division or school district has an accumulated deficit, the school board shall immediately (a) inform the minister of the accumulated deficit and the reason the accumulated deficit was incurred by the school division or school district; and (b) prepare a plan to eliminate the accumulated deficit and submit it to the minister for approval. Action by minister 41.1(3) Where the minister is not satisfied with the school board's plan to eliminate the accumulated deficit, the minister may (a) direct the school board to prepare a revised plan to eliminate the accumulated deficit within a period of time directed by the minister and submit it to the minister for approval; or (b) require the school board to take such measures as the minister deems appropriate to eliminate the accumulated deficit. S.M. 1996, c. 51, s. 7 ; S.M. 2010, c. 21, s. 3 . Annual estimates 42 The school board of every school district shall submit on request of the minister, in such form and manner as he may prescribe, a detailed estimate of its expenses for all purposes and revenues from all sources for the current year. S.M. 1998, c. 35, s. 6 . PUPIL FILES Storage of information 42.1 Subject to the provisions of the Act and the regulations, every school board shall establish written procedures respecting the collection, storage, retrieval, and use of information respecting pupils. S.M. 1996, c. 51, s. 8 . Definition of "pupil file" 42.2 In sections 42.3 to 42.6, 58.6 and 58.9, "pupil file" means a record or a collection of records respecting a pupil's attendance, academic achievement and other related matters in the possession or control of a school board. S.M. 1996, c. 51, s. 8 . Access to pupil file 42.3(1) On request, subject to subsections (2) and (3), a school board or a person acting on behalf of a school board shall (a) provide a parent or, if a pupil has attained the age of majority, a pupil access to the pupil's pupil file; and (b) ensure that an employee who is competent to interpret the information contained in the pupil file is available to assist the parent or the pupil. Refusal of access 42.3(2) A school board may refuse to provide access to all or part of a pupil file where disclosure could reasonably be expected to (a) constitute an unreasonable invasion of the privacy of a third party;

(b) be detrimental to the education of the pupil; (c) cause serious physical or emotional harm to the pupil or another person; or (d) be injurious to the enforcement of an enactment or the conduct of an investigation under an enactment. Consent of adult pupil 42.3(3) The school board shall not disclose to a parent the pupil file of his or her child who has attained the age of majority without first obtaining the consent of the pupil. S.M. 1996, c. 51, s. 8 . Definition of court 42.4(1) In this section, "court" means the Court of King's Bench. Appeal to court 42.4(2) A parent or a pupil who has attained the age of majority may appeal a school board's decision to refuse access to a pupil file by filing an application with the court within 30 days after being notified of the refusal of access. Procedure on appeal 42.4(3) The court may, during the course of the proceedings, (a) order the school board to produce to the court any pupil file in the school board's possession or control; and (b) take such measures as the court considers appropriate to protect the confidentiality of records, including holding a hearing or a portion of a hearing in private or in the absence of the applicant. Order 42.4(4) Subject to subsection (5), the court may (a) order the school board to give the applicant access to all or part of the pupil file; and (b) make such other order as the court deems appropriate. Access refused 42.4(5) The court shall not order a school board to give access to any part of a pupil file to which subsection 42.3(2) applies. S.M. 1996, c. 51, s. 8 . Objection to information on pupil file 42.5 A school board shall, on request by a parent or a pupil, attach to the pupil file the parent's or pupil's written objection to, or explanation or interpretation of, any matter contained in the file. S.M. 1996, c. 51, s. 8 . Disclosure in good faith 42.6 For greater certainty, nothing in sections 42.1 to 42.5 shall be interpreted to restrict the ability of a school board or a person acting on behalf of a school board to disclose information contained in a pupil file, provided the disclosure is made in good faith and within the scope of the duties and responsibilities of the school board or the person. S.M. 1996, c. 51, s. 8 . TRANSPORTATION OF PUPILS General limitations 43(1) Subject to the provisions of this Act and the regulations, in all cases where transportation of pupils is required, it shall be provided for those pupils who would have more than 1.6 kilometers to walk in order to reach school, and, further, provision for transportation from home to school shall be made regardless of distance for those pupils who are unable to walk to school because of physical or other handicaps. Requirements 43(2) Subject to subsection (1) and the regulations, each school board shall provide or make provision for the transportation of all resident pupils to and from school or may pay all or part of the living expense of such pupils in lieu of providing transportation. Transportation contracts 43(2.1) A school board may enter into a contract with any person for the purpose of providing the transportation required under subsection (2). Compensation to parent for transporting 43(3) Subject to subsection (6) and the regulations, where a school board is required to provide transportation of pupils to and from school, if for any reason a pupil of the school division or school district is not conveyed to school in a school bus, or is conveyed to and from a point more than .8 kilometers from the residence of the pupil, the parent or legal guardian of the pupil is entitled to receive compensation from the school division or school district for the transportation of the pupil as provided in this section. Frequency of payment 43(4) The compensation referred to in subsection (3) shall be paid by the school board to the parent or legal guardian at a rate established by the school board and at least once a month or as mutually agreeable to the parent or legal guardian and to the school board, for each day the pupil is so transported. Calculation of distance 43(5) In calculating distance relating to the transportation of pupils, the shortest travelled route available to the pupil shall be used and no account shall be taken of the distance to be travelled by the pupil over the property of the parent or legal guardian on which the residence of the pupil is situated. Limitation on duty to provide conveyance 43(6) Subject to the regulations and subsection (1), no school board shall be required to extend a transportation route beyond the boundaries of the school division or school district, and nothing herein requires the school board to provide for the conveyance of a pupil to and from a point closer than .8 kilometers from the residence of the pupil. R.S.M. 1987 Supp., c. 26, s. 4 to 6; S.M. 1991-92, c. 20, s. 6 . Extended travel times 43.1(1) In transporting pupils as required by section 43, a school board must use its best efforts to ensure that a pupil's one-way travel time to his or her designated school is not longer than one hour. Phasing in extended travel time reductions 43.1(2) A school board that needs time to comply with subsection (1) may phase in reductions in travel time over the five-year period beginning on the day this section comes into force. Regulations respecting extended travel times 43.1(3) If at any time the minister considers that school boards have not reduced extended travel times sufficiently, the minister may make regulations (a) establishing a cap on a pupil's one-way travel time to the school that he or she has been designated to attend by the school board; (b) entitling a person (i) who is the parent or legal guardian of a pupil whose travel time exceeds the cap, and (ii) who provides or arranges transportation for the pupil, to reasonable compensation from the school board for that transportation; (c) establishing reasonable rates of compensation or a method of calculating those rates, and terms and conditions of entitlement to and payment of compensation, including when payments are to be made. S.M. 2008, c. 29, s. 3 . Insurance required 44 The school board shall enter into an agreement with any insurer licensed and authorized to carry on insurance business in Manitoba, to indemnify the school division or any conveyor under agreement or under the authority of an agent of the school board against loss or damage resulting from bodily injury to or death of any pupil being conveyed and against any other peril that may arise as a result of the conveyance of pupils. Minister may deduct premium from grant 45 The minister may enter into an agreement for and on behalf of, or as agent for, any one or more school divisions or school districts with any insurer licensed to carry on the business of insurance in the province, insuring the school division or school divisions, or the school district or school districts, as herein provided and the minister may deduct the premium payable in respect of a school division or school district so insured from the moneys payable as grants to the school division or school district as the case may be. Regulations respecting school transportation 46(1) The Lieutenant Governor in Council may make regulations that are ancillary to and not inconsistent with any provisions of this Act respecting the standards of transportation provided by school divisions and school districts for pupils and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations, (a) respecting the duties, powers and functions of drivers of vehicles used for such transportation, of persons contracting for such transportation, and of school officials, principals and teachers in respect of such transportation; (b) respecting the testing of vehicles used for such transportation and the testing of the drivers thereof; (c) respecting the use of vehicles used for such transportation, for purposes other than such transportation; (d) prescribing standards and specifications to be met and maintained respecting vehicles used for such transportation and equipment thereon, and prescribing procedures for the enforcement of such standards and the persons who may enforce such standards; (e) respecting the powers and duties of school patrols in respect of such transportation and the vehicles used therefor; (f) prescribing rules of safety including emergency procedures to be followed in respect of such transportation and the vehicles used therefor, by the drivers thereof, the students, and the school officials, principals and teachers. Highway Traffic Act 46(2) The provisions of any regulation made under subsection (1) shall be in addition to and not in substitution for or in derogation of the provisions of The Highway Traffic Act and any regulation made thereunder. S.M. 1989-90, c. 49, s. 8 . Approval of transportation 47 No support shall be provided under Part IX in respect of transportation of pupils unless all requirements of this Act and the regulations respecting transportation of pupils have been met. SAFE SCHOOLS Codes of conduct and emergency response plans 47.1(1) The principal of each school must, in consultation with the school's advisory committee prescribed under clause 4(1)⁠(p.1) of The Education Administration Act , (a) establish a code of conduct for pupils and an emergency response plan for the school; and (b) review that code of conduct and emergency response plan at least annually. Content of code of conduct 47.1(2) A school's code of conduct must include (a) a statement that pupils must behave in a respectful manner and comply with the code of conduct; (b) a statement that doing any of the following will result in an intervention: (i) abusing physically, sexually, or psychologically — orally, in writing or otherwise — any person, (i.1) bullying, (ii) discriminating unreasonably on the basis of any characteristic set out in subsection 9(2) of The Human Rights Code , (iii) using, possessing or being under the influence of alcohol, cannabis (marijuana) or illicit drugs at school; (c) a statement that the following will not be tolerated on school sites: (i) gang activity, (ii) possessing a weapon, as "weapon" is defined in section 2 of the Criminal Code (Canada); (d) a statement that pupils must adhere to school board policies and the provisions of the code of conduct respecting the appropriate use of (i) digital technology, including the Internet, websites, social media, e-mail, text messaging, instant messaging and artificial intelligence, and (ii) digital cameras, cell phones and other electronic or personal communication devices identified in the code of conduct or the policies of the school board; and (e) in as much detail as possible, the interventions to be taken for not complying with the code of conduct and the process for appealing decisions related to those interventions; and meet any other requirements prescribed by regulation under The Education Administration Act . 47.1(2.1) [Repealed] S.M. 2013, c. 6, s. 5 . Content of emergency response plans 47.1(3) A school's emergency response plan must include (a) the role of the principal, staff, and counselling and crisis intervention personnel in the event of an emergency; and (b) procedures for (i) controlling visitor access to the school site, (ii) communicating inside and outside the school building in an emergency, (iii) contacting pupils' parents or guardians in an emergency, (iv) responding to the threat posed by a person having a weapon on the school site, (v) dealing with bomb threats, fires, chemical spills and weather-related emergencies, and (vi) evacuating school buildings and carrying out practice drills; and meet any other requirements prescribed by regulation under The Education Administration Act . S.M. 2004, c. 24, s. 1 ; S.M. 2008, c. 25, s. 3 ; S.M. 2013, c. 6, s. 5 ; S.M. 2017, c. 22, s. 31 ; S.M. 2026, c. 31, s. 3 . Reporting to the principal 47.1.1(1) The following persons must, if they become aware that a pupil of a school may have engaged in unacceptable conduct while at school, at a prescribed school-approved activity or in other prescribed circumstances, report the matter to the principal of the school as soon as reasonably possible: (a) an employee of a school board, school division or school district; (b) a person who has care and charge of one or more pupils during the prescribed school-approved activity. Principal to notify parent or guardian 47.1.1(2) Subject to the regulations, if the principal believes that a pupil of the school has been harmed as a result of the unacceptable conduct, the principal must, as soon as reasonably possible, notify the pupil's parent or guardian. Content of notice 47.1.1(3) When notifying a parent or guardian under subsection (2), the principal must provide the following information: (a) the nature of the unacceptable conduct that resulted in harm to the pupil; (b) the nature of the harm to the pupil; (c) the steps taken to protect the pupil's safety, including the nature of any disciplinary measures taken in response to the unacceptable conduct. Limitation re personal information 47.1.1(4) When notifying a parent or guardian under subsection (2), the principal must not disclose the name of or any other identifying or personal information about a pupil who engaged in the unacceptable conduct, except in so far as is necessary to comply with subsection (3). Additional obligation 47.1.1(5) An obligation to make a report respecting unacceptable conduct under this section is in addition to, and not in derogation of, the obligation to report unacceptable conduct under any other enactment. Definition of "unacceptable conduct" 47.1.1(6) In this section, "unacceptable conduct" means (a) abusing another pupil physically, sexually or psychologically, verbally, in writing or otherwise; or (b) bullying another pupil. Regulations 47.1.1(7) The minister may make regulations (a) for the purpose of subsection (1), prescribing school-approved activities and circumstances in which engaging in unacceptable conduct must be reported; (b) governing circumstances in which notice under subsection (2) is not required. S.M. 2011, c. 18, s. 2 ; S.M. 2013, c. 6, s. 6 . Expanded duty to report cyberbullying 47.1.2(1) A person who is subject to a duty under subsection 47.1.1(1) must, if they become aware that a pupil of a school may have (a) engaged in cyberbullying; or (b) been negatively affected by cyberbullying; report the matter to the principal of the school as soon as reasonably possible. Application 47.1.2(2) Subsections 47.1.1(2) to (5) apply in respect of a principal who believes that a pupil of the school has been harmed as a result of cyberbullying. S.M. 2013, c. 6, s. 7 . Definitions 47.1.2.1(1) The following definitions apply in this section. "coach" means a person who is authorized or recognized by the principal of a school or a school division or school district to provide instruction and direction to pupils in a school sport. (« entraîneur ») "school sport" means an individual or team sporting activity that is (a) part of the curriculum of a school; or (b) an extra-curricular athletic activity involving pupils organized or overseen by the principal of a school or a school division or school district. (« activité sportive en milieu scolaire ») Appropriate and inappropriate interactions policy 47.1.2.1(2) Every school board must establish and implement a written policy respecting appropriate and inappropriate interactions between pupils and staff that addresses (a) the training of staff about appropriate and inappropriate interactions; (b) the identification of appropriate and inappropriate interactions on and off school sites; (c) the prevention and reporting of inappropriate interactions; and (d) the complaint procedure and response protocol for incidents of inappropriate interactions. Information to be made available 47.1.2.1(3) The principal of each school must make information about the appropriate and inappropriate interactions policy available to the public and to pupils, parents and guardians at the beginning of each school year. Abuse prevention programs 47.1.2.1(4) Every school board must ensure that at least once every four years (a) every staff member and every school volunteer completes a sexual abuse prevention program that is approved by the minister; and (b) every coach and every school sport volunteer completes a school sport abuse prevention program that is approved by the minister. Regulations 47.1.2.1(5) The minister may make regulations respecting the appropriate and inappropriate interactions policy, including regulations respecting procedures for record keeping and information sharing. S.M. 2025, c. 17, s. 3 . FOOD PROVIDED AT SCHOOLS School division or district to provide free nutrition program 47.1.3(1) Every school division and school district must ensure that a nutrition program provided without charge is implemented at each school in the division or district. Principles 47.1.3(2) When implementing a nutrition program in a school, regard must be had for the following principles: Access: A nutrition program should be accessible to pupils without barriers, shame or stigma. Accommodation: A nutrition program should accommodate pupils with food allergies or religious or cultural dietary restrictions. Equality: A nutrition program should be provided to all pupils regardless of their socio-economic background or perceived need. Local: A nutrition program should be tailored to the community in which the school is located and, when possible, use food that is locally sourced. Quality: A nutrition program should follow government nutritional guidelines. S.M. 2025, c. 15, s. 4 . Publicly available information 47.1.4 The principal of each school must make the nutrition program policy publicly available and provide information about the nutrition program to pupils, parents and guardians at the beginning of each school year. S.M. 2025, c. 15, s. 4 . Annual report — nutrition programs 47.1.5(1) Not later than October 31 in each year, the minister must prepare a report for the immediately preceding fiscal year that sets out for each school within each school division and school district (a) the type of nutrition program provided; and (b) the average number of pupils who participated in the nutrition program each day. Information from school boards 47.1.5(2) Each school board must provide to the minister the information set out in subsection (1) within the time and in the form specified by the minister. Tabling report in the Assembly 47.1.5(3) The minister must table a copy of the report in the Assembly on any of the first 15 days on which the Assembly is sitting after the report is completed. Publication of report 47.1.5(4) The minister must make the report publicly available on a government website as soon as practicable after tabling the report in the Assembly. S.M. 2025, c. 15, s. 4 . Regulations 47.1.6 The minister may make regulations respecting nutrition programs, including regulations respecting the operation of nutrition programs and the type of food to be served as part of nutrition programs. S.M. 2025, c. 15, s. 4 . Definitions 47.1.7(1) The following definitions apply in this section. "fiscal year" means the period beginning on April 1 of one year and ending on March 31 of the following year. (« exercice ») "minister" means the President of the Executive Council and any member of the Executive Council who is appointed to preside over one or more departments. (« ministre ») "ministerial salary" means the additional salary otherwise payable to a minister under The Legislative Assembly Act for services as a member of the Executive Council in a fiscal year. (« traitement supplémentaire ») Ministerial salary reduced if requirements amended or repealed 47.1.7(2) If the government presents a bill to the Assembly to repeal or reduce the requirements under sections 47.1.3 to 47.1.6 or amend, repeal, override or suspend the operation of this section or both, the following rules apply: 1. Beginning on the first pay period after the bill is distributed in the Assembly, an amount equal to 20% of the ministerial salary is withheld from each minister pending the application of rule 2 or 3, whichever applies. 2. (a) If the bill is enacted, the amount withheld is not returned to the minister. (b) Subject to clause (c), each minister's salary is reduced by an amount equal to 20% of the ministerial salary for the remainder of the fiscal year. (c) If the bill is presented and enacted in the same fiscal year, each minister's salary is reduced by an amount equal to 20% of the ministerial salary for the next fiscal year too. 3. If the bill is not enacted, the amount withheld from each minister is payable to the minister without interest. Withholding and reduction 47.1.7(3) For certainty, the amount withheld and the salary reduction under this section are in addition to the amount withheld and salary reduction under section 8 of The Fiscal Responsibility and Taxpayer Protection Act . S.M. 2025, c. 15, s. 4 . Artificial trans fat banned in schools 47.2(1) Every school division or school district must ensure that, for each school, no artificial trans fat is contained in (a) any vegetable oils and soft, spreadable margarines used in the preparation of foods on site in the school; (b) any prepackaged product sold in the school; or (c) any other food product that the school is responsible for selling or distributing to students. Interpretation 47.2(2) For the purpose of subsection (1), (a) a vegetable oil or soft, spreadable margarine is deemed not to contain artificial trans fat if its total trans fat content does not exceed 2% of its total fat content; (b) a prepackaged product is deemed not to contain artificial trans fat if (i) the fat in it originates exclusively from ruminant meat or dairy products, or (ii) under the Food and Drug Act (Canada), the product does not require a label showing a nutrition facts table or, if the product does require such a label, its nutrition facts table lists the trans fat content as 0.2 grams per serving or less; and (c) any other food product is deemed not to contain artificial trans fat if (i) the fat in it originates exclusively from ruminant meat or dairy products, or (ii) the total trans fat content of the product does not exceed 5% of the total fat content. Exception 47.2(3) Subsection (1) does not apply (a) to a local restaurant product that is sold or distributed in a school if (i) the product is not available in the school on a daily basis, and (ii) the principal of the school is satisfied that the sale or distribution of the product is not inconsistent with the school's nutrition program policy; or (b) to food provided by a pupil or the parent or guardian of a pupil. 47.2(3.1) to 47.2(3.4) [Repealed] S.M. 2025, c. 15, s. 5 . Definitions 47.2(4) The following definitions apply in this section. "artificial trans fat" means non-naturally occurring fats formed by the hydrogenation of vegetable oils. (« gras trans artificiels ») "food" means any substance intended for use in whole or in part for human consumption. (« aliment ») "prepackaged product" means any food that is contained in a package in the manner in which it is ordinarily sold to, or used or purchased by, a person. (« produit préemballé ») S.M. 2008, c. 4, s. 3 ; S.M. 2023, c. 35, s. 2 ; S.M. 2025, c. 15, s. 5 . ANAPHYLAXIS Anaphylaxis policy 47.3 Each school board must develop an anaphylaxis policy to meet the needs of pupils who have diagnosed anaphylaxis. The policy must also meet any requirements prescribed by regulation under The Education Administration Act . S.M. 2008, c. 46, s. 1 . COMMUNITY USE OF SCHOOLS Community use policy 47.4(1) Each school board must develop a policy for the public's use of school facilities — being schools and school grounds, or any portion of them — when the facilities are not being used by pupils. Content of policy 47.4(2) The community use policy must establish (a) the manner for determining when school facilities are to be made available to the public; and (b) the terms and conditions for public use of the school facilities, including (i) subject to subsection (3), the fees, or the manner of determining the fees, if any, to be charged, (ii) the entry requirements and supervision to be provided, if any, for when the facilities are used at different times, including during school hours, evenings, weekends and holidays, (iii) the process to be followed to reserve use of the facilities, (iv) how priority will be determined when two or more potential users apply to use the same facilities at the same time, (v) the manner and time period in which a user who has reserved the facilities is to give notice if they will not use the facilities at the reserved time, (vi) the insurance, if any, that must be held by users, and the circumstances in which users are expected to indemnify the school division or school district for any loss or damage that may occur as a result of the use, (vii) the process to be followed in resolving disputes related to the public's use of the facilities, and (viii) any other provision that the board considers necessary to assist the school division or school district in implementing the community use policy. Fees limited to amounts necessary to recover costs 47.4(3) The fee charged in respect of the public's use of a school facility must not exceed the amount necessary for the school division or school district to recover the costs it incurs because of the public's use of the facility. Monitoring use 47.4(4) A school division or school district must establish a procedure for monitoring the public's use of its facilities, and may discontinue use by anyone who repeatedly, and without notice, fails to use the facilities when they have reserved them. Implementation 47.4(5) To assist in implementing its community use policy, each school board must (a) designate an employee of the school division or school district to act as its community use coordinator; and (b) ensure that the following is available to the public on a website that is maintained by the school division or school district: (i) a copy of the community use policy, (ii) the name and contact information of the community use coordinator, (iii) a copy of any application form that a potential user is required to complete when applying to reserve school facilities. S.M. 2012, c. 11, s. 2 . POWERS OF SCHOOL BOARDS General powers of school boards 48(1) Subject to the regulations, a school board may (a) provide a course of instruction and training for children between three and six years of age in nursery or kindergarten schools or both; (b) establish and conduct evening schools and part-time day schools; (b.1) establish and operate, or enter into a partnership to establish and operate, an adult learning centre in accordance with The Adult Learning Centres Act ; (c) arrange for and conduct summer schools; (d) with the consent of the minister, establish and conduct day schools for special purposes; (e) enter into an agreement with the minister to establish and conduct special courses, whether or not such courses are part of the public schools program and for payment to the school board in connection with such course, such amount as may be specified in the agreement; (f) collect such tuition fees as the school board may establish for any of the classes referred to in clauses (b) to (e) except for classes that are part of the regular public school program; (g) provide such apparatus and materials as may be deemed expedient for any of the purposes of this section; (h) and (h.1) [repealed] S.M. 2025, c. 15, s. 6 ; (i) provide materials, appliances and equipment for school sports and games and supervise and direct sports and games during school terms or vacation; (j) purchase books and other instructional materials to be given to the pupils or to be loaned to them with or without charge as the school board may decide; (k) provide such course of technical and vocational instruction as may be approved by the minister for pupils enrolled in or attending the schools under the jurisdiction of the school board by placing the pupils under the instruction of any person approved by the minister; (l) with the approval of the Lieutenant Governor in Council, establish, maintain and provide for a school outside the limits of the school division or school district; (m) [repealed] S.M. 1996, c. 51, s. 9 ; (n) establish and administer, with the consent of the minister, a system of medical and dental inspection of pupils and employees and subject to The Public Health Act and the regulations made thereunder, make such arrangements as may be approved by the minister for attending to the health, cleanliness and physical condition of the pupils and employees of the schools under the jurisdiction of the school board; (o) except as otherwise provided in this Act, collect or recover in any court of competent jurisdiction as a debt fees owing to it from a parent or legal guardian of a pupil attending, or receiving a service from, a school in the school division or school district; (p) notwithstanding any other provision of this Act, enter into an agreement with the government, or any minister of the government on behalf of the government, or any agency of the government or any other school board or any person (i) respecting the attendance and education of children from within its school division or school district at a school operated by the other party, or (ii) respecting the attendance and education at schools operated by it of children, the education of whom is the responsibility of or under the supervision of the other party, or (iii) respecting the provision, exchange or sharing of educational services, or (iv) respecting the payment, sharing or collection of fees and charges agreed upon by the parties, or (v) respecting the construction of a regional vocational school or any other school within or without its territorial jurisdiction, and respecting the programs to be offered therein, or (vi) respecting any one or more of the things mentioned in sub-clauses (i) to (v); (q) notwithstanding any other provision of this Act, but subject to the approval of the minister, enter into an agreement with the Government of Canada or a minister thereof on behalf of the Government of Canada or an agency of the Government of Canada or an Indian Band or its representative to whom authority over the education of children of the Indian Band has been granted under an Act of Parliament, (i) respecting the attendance and education of children from within its school division or school district at a school operated by the other party, or (ii) respecting the attendance and education at schools operated by it of children, the education of whom is the responsibility of or under the supervision of the other party, or (iii) respecting the provision, exchange or sharing of educational services, or (iv) respecting the payment, sharing or collection of fees and charges agreed upon by the parties, or (v) respecting any one or more of the things mentioned in sub-clause (i) to (iv); (r) enter into agreements with the council of a municipality for the purpose of construction and maintenance of recreational or other facilities on property owned by the school division or school district and for the joint use of those facilities; (s) decide who shall be school visitors; (t) provide or make provision for the transportation of any of its resident pupils to and from school, or to and from any school activity during or outside of school hours, and may provide, in whole or part, for the expense of any such transportation; (u) establish, operate, maintain and regulate a system of patrols for the protection of children from traffic accidents; (v) establish and provide for any course of study approved by the minister; (w) provide or authorize the levying of caution fees or fines. Powers to expend moneys 48(2) A school board may spend moneys raised for school purposes (a) for extending courtesies of providing tributes and recognition to any person; (b) for sponsoring or participating in activities in co-operation with educational organizations; (c) for making grants to or becoming members of such organizations of an educational or related nature as the school board may determine; and (d) for the in-service education of teachers or other employees. Scholarships, bursaries, etc. 48(3) A school board may grant to a pupil a scholarship, bursary or award. Suspension and expulsion 48(4) Subject to the regulations and notwithstanding any other provision of this Act, a school board may suspend or expel from a school any pupil who, upon investigation by the school board, is found to be guilty of conduct injurious to the school environment. Granting of leave of absence to teachers 48(5) A school board may grant leave of absence to any teacher, officer or other employee under its jurisdiction for such period as the school board may approve and may grant the teacher, officer or other employee such allowance per month, during leave of absence, as the school board deems advisable. Cumulative sick leave 48(6) A school board may, by by-law, provide a schedule of cumulative sick leave with pay for its employees other than teachers. Insurance coverage 48(7) A school board may, under the terms of any arrangement with its employees place insurance coverage on its employees and provide for salary continuation plans and may spend money raised for school purposes to pay, in whole or in part, the premiums thereon. S.M. 1989-90, c. 49, s. 9 ; S.M. 1996, c. 51, s. 9 ; S.M. 2002, c. 29, s. 44 ; S.M. 2013, c. 6, s. 8 ; S.M. 2023, c. 35, s. 3 ; S.M. 2025, c. 15, s. 6 . Rights of employees respecting elections 48.1(1) Nothing in this or any other Act of the Legislature prohibits an employee from seeking nomination as or being a candidate for public office, or supporting a candidate or political party, in a municipal, provincial, federal or school board general election or by-election, and, if elected, from serving in that office. Leave of absence 48.1(2) An employee who, pursuant to subsection (1), proposes to become a candidate in a municipal, provincial, federal or school board election may apply to the employee's school board for leave of absence without pay for a period (a) where the employee is nominated as a candidate, not longer than the period commencing on the day on which the writ for the election is issued and ending 90 days after the day on which the results of the election are officially declared; and (b) where the employee is not nominated as a candidate, not shorter than the period commencing on the day on which the writ for the election is issued and ending on the day fixed by law for the nomination of candidates; and every such application shall be granted. Reinstatement of unsuccessful candidate 48.1(3) An employee who runs for office in an election pursuant to this section and is not elected, and applies to the employer within 90 days from the date on which the results of the election are officially declared, shall be reinstated to the position held immediately prior to the date the leave of absence was granted under subsection (2) or to a comparable position, and the employee's service shall be deemed to be unbroken for all purposes. Leave of absence for elected candidate 48.1(4) An employee who runs for office in an election pursuant to this section and is elected shall, upon application to the employer, be granted leave of absence without pay for the period during which the employee holds office but not exceeding five years. Definitions 48.1(5) In this section, "employee" means an employee of a school board, school division or school district; (« employé ») "employer" means a school board, school division or school district. (« employeur ») S.M. 1989-90, c. 49, s. 10 ; S.M. 1991-92, c. 20, s. 7 to 10; S.M. 2004, c. 15, s. 12 . Agreement respecting regional vocational schools 49(1) With the written approval of the minister, two or more school divisions may enter into an agreement for the administration of and provision of funds for the operation of, a regional vocational school and the agreement may provide for the establishment of a governing board to administer the regional vocational school. Membership of governing board 49(2) Where an agreement made under subsection (1) provides for the establishment of a governing board to administer regional vocational schools, the board shall be comprised only of trustees from the school boards of the school divisions which are party to the agreement and shall be known as: "The Governing Board for Regional Vocational School" and, upon being established, the members of the governing board are a body corporate and politic under that name. Agreement to continue regional vocational school 49(2.1) If an agreement under subsection (1) is or will be terminated but a school division that was a party to it wishes the regional vocational school to continue, (a) the minister may enter into an agreement with the school division and the governing board to continue the regional vocational school; and (b) the minister and the school board may, pursuant to the agreement and despite subsection (2), name persons who are not trustees to serve as members of the governing board of the regional vocational school. Powers and duties of board 49(3) Subject to subsection (4), a governing board established or continued under an agreement made under this section to administer a regional vocational school has, for and in respect of the regional vocational school the powers, duties and obligations of a school board under this Act. Exceptions 49(4) Notwithstanding subsection (3) or any other provision of this Act, a governing board established or continued under an agreement made under this section to administer a regional vocational school does not have the powers, duties and obligations imposed under clauses 41(1)⁠(a), (k) or (p), subsections 41(4) or (5), section 43, clause 48(1)⁠(a), section 57 or Part IX. Subsidiary agreements 49(5) The parties to an agreement made under this section may enter into subsidiary agreements with each other — and in the case of an agreement under subsection (1) that establishes a governing board to administer the regional vocational school, with the board — respecting the provision of supplies and services. Additional transportation powers 49(6) Notwithstanding subsection 43(6), a school division which is a party to an agreement under this section in respect of a regional vocational school may, for the purpose of assisting in the administration of the regional vocational school, and in accordance with any agreement made under this section, extend transportation routes beyond the boundaries of the school division and provide transportation to pupils residing outside the school division. S.M. 2007, c. 11, s. 2 . Pensions for non-teachers 50(1) Subject to subsection (2) and the regulations, a school board shall, by by-law, establish a pension plan (as defined in The Pension Benefits Act ) for its employees and officers who are not provided for under The Teachers' Pensions Act and for this purpose may (a) establish a superannuation or pension fund and make rules governing the management, administration and investment of the fund; and (b) make rules which specify the person who is eligible to participate in the plan, the amount each participant is required to contribute, the conditions under which a participant, other person or estate is eligible to receive a pension or other benefits, the amount of such pension or other benefits and the procedures to be followed in the administration of the plan; and (c) enter into an agreement with a life insurance company or trust company, provided such company is authorized to carry on its business in the Province of Manitoba, to manage the investments of the fund; and (d) guarantee the solvency of any superannuation or pension fund established by it. Optional plan 50(2) In lieu of establishing a superannuation or pension fund under subsection (1), a school board may (a) enter into an agreement with a municipality in Manitoba whereby the employees of the school board become eligible to participate in the pension plan established by that municipality; or (b) enter into an agreement with a life insurance company authorized to carry on its business in Manitoba, or with the Government of Canada or with the Manitoba School Boards Association, to provide a pension or other benefits for its employees who are not teachers. Contribution by school boards 50(3) Where a pension plan is established under subsection (1) or (2) the school board shall contribute from the funds of the school division or school district the amount required under the plan to be contributed by it and shall include the amount of the contribution in its annual estimates. Protected from attachment and not assignable 50(4) The interest of an employee in the fund or any allowance or payment out of the fund to any person entitled under this Act is not subject to garnishment, attachment or seizure, or to any legal process whatsoever and in the case of the death of the employee or person receiving an allowance, any allowance or payment out of the fund does not form part of the estate of the deceased so as to be liable for any of his debts and no interest, allowance or payment out of the fund is assignable, except that the sum which an employee who leaves the service or is dismissed is entitled to be paid out of the fund may be assigned to another employee superannuation or pension fund or plan approved by the Minister of National Revenue. S.M. 2017, c. 11, s. 52 ; S.M. 2017, c. 3, s. 25 . SUPERINTENDENT Appointment of superintendent 51(1) A school board must appoint a superintendent, fix and pay their remuneration and define their duties. Qualifications 51(2) A school board must not appoint a person to be the superintendent of the school division or school district unless the person (a) holds a valid and subsisting teaching certificate issued under The Education Administration Act or issued by another jurisdiction in Canada; (b) has teaching experience, including experience in delivering curriculum, evaluating and reporting on student progress and supporting student needs; and (c) has administrative experience relevant to the duties of a superintendent, including experience supervising staff and managing operational resources. Notice of appointment 51(3) Within 10 days after the appointment of a superintendent, the school board must give written notice of the appointment to the minister, including the superintendent's full name and their qualifications. S.M. 2026, c. 31, s. 4 . Duties of superintendent 51.1 The powers, duties and functions of the superintendent include the following: (a) carrying out the powers, duties and functions assigned or delegated to the superintendent by this or any other Act or by the school board; (b) implementing school board policies and ensuring compliance with them; (c) administering educational programming provided by the school division or school district; (d) except as the school board otherwise directs, managing and supervising staff; (e) acting as a liaison between the minister and the school board. S.M. 2026, c. 31, s. 4 . Delegation of powers and duties to superintendent 52(1) A school board may by resolution delegate to the superintendent (a) power to employ, within the establishment and budgetary limits set by the school board, necessary staff except senior officers and employees holding administrative or supervisory positions; or (b) except in respect of positions mentioned in clause (a), power to accept resignations and power to grant within policy and budgetary limits established by the school board, exchange leave for teachers and to cancel or alter that leave; or (c) power to appoint attendance officers; or (d) power to promote non-teaching staff into established positions, except in respect of positions mentioned in clause (a); or (e) power to select teachers for schools operated by the Department of National Defence, to grant leave for service with the Department of External Affairs and to select teachers for similar service; or (f) power to request municipal councils to make improvements in roads and sidewalks adjacent to school sites and power to enter into agreements on behalf of the school board with respect thereto within policy and budgetary limits established by the school board; or (g) power to approve payment under final certificates for payments in respect of routine contracts awarded by the school board other than for new buildings, where the contracts have been completed to his satisfaction; or (h) any one or more of the powers mentioned in clauses (a) to (g). Superintendent's hiring recommendations 52(1.1) If a school board does not delegate to the superintendent the power to employ necessary staff under clause (1)⁠(a), the school board must, before filling a job vacancy, give the superintendent an opportunity to provide hiring recommendations respecting the vacancy. 52(2) [Repealed] S.M. 2015, c. 43, s. 41 . S.M. 1989-90, c. 49, s. 11 ; S.M. 1991-92, c. 20, s. 11 ; S.M. 1997, c. 27, s. 3 ; S.M. 2015, c. 43, s. 41 ; S.M. 2026, c. 31, s. 5 . Chief superintendent of northern school division 52.1 For greater certainty, sections 51 to 52 apply to the chief superintendent of the northern school division, but not to an area superintendent of the northern school division. S.M. 2026, c. 31, s. 6 . SECRETARY-TREASURER Appointment of secretary-treasurer 53(1) Every school board shall appoint a secretary-treasurer, fix and pay his remuneration and define his duties. Notice of appointment 53(2) Where a secretary-treasurer is appointed, the chairman of the school board or the secretary-treasurer shall, within 10 days thereafter, send or cause to be sent to the minister by registered mail a written notice of the appointment stating the full name and address and qualifications of the appointee. Payment of accounts 53(3) Subject to subsection (4), the secretary-treasurer shall pay the accounts authorized by the school board and in accordance with the policy of the school board. Payment of accounts without approval 53(4) The secretary-treasurer may without prior approval of the school board pay all accounts that are payable by the school division or school district and that have been included in the estimates of the school division or school district for the year in which the account is payable if he considers payment without prior approval of the school board to be in the best interests of the school division or school district and pay all other accounts that are payable by the school division or school district and that have been approved by the school board. Secretary-treasurer to report occupations of trust 53(5) At the first meeting in each year the secretary-treasurer shall make a written statement to the school board of all occupations in which he is engaged which involve the receipt by him of money other than that belonging to the schoolboard or to himself and he shall thereafter during the year as they occur, report any such additional occupations or any discontinuance thereof and the chairman of the school board shall immediately report to the minister all such occupations made known to the school board.

Powers of auditors 54(1) An auditor referred to in subsection 41(8) for the purpose of carrying out his duties may (a) require the attendance of all or any of the persons interested in the accounts, and of their witnesses, with all such books, papers and writings as the auditors may direct them or any of them to produce; (b) administer oaths to persons and witnesses. Duty to assist auditors 54(2) Every trustee and every employee of a school board shall, on request, furnish to the auditor all papers, books accounts and information that the auditor requires to carry out his duties and that it is in the power of the trustee or the employee, as the case may be, to furnish. Duty to account 54(3) Every secretary-treasurer, every person who has been a secretary-treasurer and every trustee or other person who has in his possession any books, papers, chattels or moneys that came into his possession as secretary-treasurer, trustee or otherwise shall deliver up or account for and pay over the books, papers, chattels and moneys to the person designated by the school board or by the minister. Recording of minutes 55(1) The secretary-treasurer shall record in a minute book, without note or comment, all resolutions, decisions and other proceedings of the school board. Right to examine 55(2) On the demand of any voter, the secretary-treasurer shall make available to him and permit him to examine the minutes of any school board meeting, excepting any record of any meetings held in camera, at any time when the offices of the school division or school district are open for the transaction of business. Penalty 55(3) Sections 247, 248 and 249 apply, with such modifications as the circumstances require, to every person who contravenes, neglects, refuses or fails to comply with subsection 54(3). S.M. 2005, c. 27, s. 162 ; S.M. 2025, c. 14, s. 10 PRINCIPALS Duties of principal 55.1(1) The principal of a school, in consultation with parents or legal guardians and teachers and other specialists, as appropriate, is responsible for the assessment and promotion of pupils enrolled in the school. Board policies — promotion of pupils 55.1(2) In discharging his or her responsibilities under subsection (1), the principal must act in accordance with the policies of the school board. Achievement to determine promotion of pupils 55.1(3) A school board must not adopt a policy that requires a principal to promote a pupil regardless of whether the pupil has achieved the expected learning outcomes. S.M. 2011, c. 3, s. 4 . Consultation re annual school plan 55.2 In preparing the annual school plan for the school, the principal of a school must consult with the parent advisory council or school committee. S.M. 2013, c. 31, s. 6 . Information to parents re parent involvement 55.3(1) At least annually, the principal of a school must provide parents with information about (a) the role and function of a school-based parent group; (b) if a school-based parent group has not been established at the school, the manner in which one may be established; and (c) a parent's right to become a member of the school-based parent group at his or her child's school. Interpretation: "school-based parent group" 55.3(2) In subsection (1), a school-based parent group is, as the context requires, the parent advisory council, parent council or school committee. S.M. 2013, c. 31, s. 6 . GENERAL PROVISIONS Payment of annual indemnity 56(1) A school board may, by by-law, provide for the payment of an annual indemnity to the chairman and to each trustee payable in such amount and at such times and under such conditions as provided in the by-law. Additional indemnities 56(2) In addition to the indemnity referred to in subsection (1), each member of the school board may be paid and may accept (a) such amount per mile as set by by-law of the school board for each mile actually and necessarily travelled from his place of residence in the school division or school district to the place of meeting and return to his place of residence, allowable only once for each school board meeting; (b) such amount per hour as set by by-law of the school board for each hour actually and necessarily spent by him under authority previously given by resolution of the school board in the performance of such duties, work or services as he is required or authorized under the resolution to perform; and (c) such an amount per mile, as set out by by-law of the school board, for each mile actually and necessarily travelled by him in the performance of the duties, work or services to which clause (b) applies; but the remuneration or mileage mentioned in clauses (b) and (c) is not payable until an account showing the work or service performed, verified by statutory declaration, has been filed with the secretary-treasurer and payment thereof authorized by resolution of the school board. Reimbursement for expenses 56(3) A school board may reimburse its trustees, trustees-elect or employees for expenses necessarily incurred while attending conventions or carrying out duties assigned or approved by the school board and at such rates and under such conditions as the school board may determine. School funds 56(4) Notwithstanding any other provision of this Act, the principal of each school, subject to the rules of the school board, may raise, hold, administer and expend moneys to be known as "school funds" for the purposes of the school. Exclusion of student council funds 56(5) School funds referred to under subsection (4) do not include student council funds. Alteration of wards and numbers of trustees 57(1) Subject to subsections (2), (3), (4), (5) and (6) a school board may, by by-law, or on the petition of 10 or more voters (a) alter the boundaries of existing wards; (b) increase or decrease the number of wards; (c) increase or decrease the number of trustees in any ward but the total number of trustees shall not be fewer than five or more than nine; (d) [repealed] S.M. 2002, c. 8, s. 15 ; (d.1) subject to section 57.1, abolish the existing wards and establish the number of trustees to be elected at large, which must be not fewer than five or more than nine; (e) establish wards and subject to clause (c), state the number of trustees to be elected in each ward so established; or (f) do any one or more of the things mentioned in clauses (a) to (e). Population of wards 57(2) Subject as herein provided each trustee of a school division or school district divided into wards shall represent, in so far as is practicable, approximately the same number of voters. Representation quotient 57(3) A school board of a school division or school district divided into wards may establish a representation quotient for the school division or school district by dividing the total number of voters on the voters list of the division or district by the total number of trustees to be elected. Action to preserve equality by population of wards 57(4) Where, in the case of a school division or school district divided into wards, the number of voters per trustee in any one or more of the several wards thereof varies from the quotient obtained under subsection (3) to an extent greater than is permitted under subsection (5), the school board may take such action as may be required to give effect to subsection (2). Variation in population basis 57(5) In determining the area to be included in, and in fixing the boundaries of any ward the school board shall consider (a) special geographic conditions, including the sparsity, density and relative rate of growth or loss of population of a part of the school division or school district; and (b) any special diversity or community of interests of the inhabitants of a part of the school division or school district; and may allow a variation in the population requirement of any ward where, in its opinion, those considerations or any of them render a variation desirable but in no case may the representation quotient of any ward in the school division or school district as a result thereof vary from the quotient obtained under subsection (3) to an extent that is greater than 25% or to an extent that is less than 25% of the quotient. School board may not pass by-law 57(6) Where the application of subsection (3), (4) or (5) would result in a reduction in the number of trustees in the school division or school district, the school board may decide not to pass the by-law. Approval of the minister 57(7) A by-law passed under subsection (1) has no effect unless approved in writing by the minister. Referendum 57(8) Before the minister approves a by-law passed under subsection (1), he may require the by-law to be submitted to a referendum of the voters of the school division or school district. Effective date 57(9) A by-law made under subsection (1) shall take effect on the date of the next following general election of trustees in the school division or school district and the term of office of all trustees of the school division or school district affected by the by-law terminates at the time the by-law takes effect and, before the election, the minister in approving the by-law shall determine the term of office or method of fixing the term of office of each of the trustees to be elected. S.M. 2002, c. 8, s. 15 ; S.M. 2005, c. 27, s. 162 ; S.M. 2009, c. 37, s. 2 ; S.M. 2025, c. 14, s. 11 . Restriction re at large elections 57.1 A school board may pass a by-law under clause 57(1)⁠(d.1) only if (a) at the 1998 general election held for the school division or school district, trustees were elected at large; and (b) at the next general election, all the members of a municipal council that are to be elected by the eligible voters within the school division or school district are to be elected at large. S.M. 2009, c. 37, s. 3 . Appeal against action of school board 58(1) Where 10 or more voters of a school division or school district aggrieved by the action of a school board under subsection 57(1) or by the failure of the school board to take action within three months next following the making of a request under subsection 57(1) the voters may in writing appeal to the minister against the action, or the failure or refusal to act of the school board and the minister may refer the matter to the board of reference. Procedure on appeal 58(2) Where under subsection (1) the minister refers the matter to the board of reference, he shall send a copy of the request to the board of reference and to the school division or school district and the board of reference shall act thereon as provided in section 9. S.M. 2005, c. 27, s. 162 ; S.M. 2025, c. 14, s. 11 . PART III.1 PARENTS AND PUPILS ACCESS TO SCHOOLS AND PROGRAMS Definition of "parent" 58.1 In this Part, "parent" includes a legal guardian. S.M. 1996, c. 51, s. 10 . Program information etc. 58.2 Every school board shall publish or otherwise make available to parents and pupils the information required by the regulations respecting programs offered and the enrolment of resident and non-resident pupils in programs and schools, at the times and in the form and manner required by the regulations. S.M. 1996, c. 51, s. 10 . Pupil enrolment 58.3 A resident pupil may be enrolled in (a) a program offered at any school within the school division or school district; or (b) subject to section 58.4, a program offered at a school in another school division or school district; in accordance with the procedures established in the regulations. S.M. 1996, c. 51, s. 10 . Enrolment by school 58.4(1) A school shall enrol a non-resident pupil in the program for which he or she applies unless, in the opinion of the principal or other person designated by the school board, (a) there is insufficient space in the program the pupil wishes to attend having regard to the priorities established in subsection (2); (b) enrolling the pupil in the program would require significant expenditure to extend or otherwise alter a program or the school building or school property; (c) enrolling the pupil in the program likely would be seriously detrimental to the continuity of the pupil's education; (d) the program is not suited to the age, ability or aptitude of the pupil; (e) enrolling the pupil in the program likely would be seriously detrimental to order and discipline in the school or the educational well-being of pupils there; (f) enrolling the pupil in the program is inadvisable for any other reason or for any circumstance that may be specified in the regulations. Priorities 58.4(2) Where the number of pupils who apply to enrol in a program in a school exceeds the number of places available in the program, the school shall enrol pupils in the following order of priority: (a) first, pupils who reside in the school's catchment area; (b) second, pupils who reside in the school division; (c) third, other pupils. S.M. 1996, c. 51, s. 10 . Regulations 58.5 The minister may make regulations (a) respecting the information school boards are required to publish or otherwise make available to parents and pupils respecting programs offered and the enrolment of resident and non-resident pupils in programs and schools, and the times, the form and the manner in which the information is to be provided; (b) for the purposes of section 58.3, establishing procedures for the enrolment of pupils; (c) exempting pupils or classes of pupils from the requirements of this Part or any provision in this Part; (d) for the purposes of clause 58.4(1)⁠(f), specifying reasons or circumstances which make inadvisable the enrolment of a pupil in a program. S.M. 1996, c. 51, s. 10 . RIGHTS AND RESPONSIBILITIES OF PARENTS AND PUPILS Rights of parents 58.6 Subject to the provisions of this Act and the regulations, a person who is resident in Manitoba is entitled to enrol his or her child in a program in any school in Manitoba and to (a) be informed regularly of the attendance, behaviour and academic achievement of his or her child in school; (b) consult with his or her child's teacher or other employee of the school division or school district about the child's program and academic achievement; (c) have access to his or her child's pupil file; (d) receive information about programs available to his or her child; (e) be informed of the discipline and behaviour management policies of the school or school division or school district, and to be consulted before the policies are established or revised; (f) be a member of a parent advisory council, parent council, local school committee or school committee at his or her child's school; and (g) accompany his or her child and assist him or her to make representations to the school board before a decision is made to expel the child. S.M. 1996, c. 51, s. 10 ; S.M. 2013, c. 31, s. 7 . Responsibilities of parents 58.7 A parent of a child of compulsory school age or who is attending school shall (a) cooperate fully with the child's teachers and other employees of the school division or school district to ensure the child complies with (i) school and school division or school district student discipline and behaviour management policies, and (ii) the school's code of conduct; and (b) take all reasonable measures to ensure the child attends school regularly. S.M. 1996, c. 51, s. 10 ; S.M. 2004, c. 24, s. 1 . Responsibility for damage 58.8 If property of a school division or school district is destroyed, damaged, lost or converted by the intentional or negligent act of a child, the child and his or her parents are jointly and severally liable to the school board for the loss. S.M. 1996, c. 51, s. 10 . Right to enrol in programs 58.9(1) Subject to the provisions of this Act, a person who has the right to attend school under section 259 may enrol or be enrolled in a program offered by any school in Manitoba. Rights of pupils 58.9(2) A pupil is entitled to (a) receive regular testing and evaluation of his or her academic performance and achievement; (b) subject to subsection 42.3(2), have access to his or her pupil file, if the pupil has attained the age of majority; and (c) be accompanied by a parent or other adult to assist him or her and to make representations to the school board before a decision is made to expel him or her. Board may meet in camera re expulsion 58.9(3) Despite subsection 30(3), a school board may meet in camera for the purpose of hearing representations about and determining whether to expel a pupil. S.M. 1996, c. 51, s. 10 ; S.M. 2004, c. 15, s. 13 . Responsibilities of pupils 58.10 A pupil is responsible for (a) attending school and classes regularly and punctually; (b) complying with (i) the student discipline and behaviour management policies of the school and school division or school district, and (ii) the school's code of conduct; and (c) completing assignments and other related work required by teachers or other employees of the school division or school district; and (d) treating school property and the property of others employed at or attending the school with respect. S.M. 1996, c. 51, s. 10 ; S.M. 2004, c. 24, s. 1 . PART IV AGREEMENTS WITH INDEPENDENT SCHOOLS Independent school 59 In this Part, "independent school" means an "independent school" as defined in The Education Administration Act . S.M. 2021, c. 4, s. 28 . Agreement for transportation 60(1) A school board may with the approval of the minister, enter into an agreement with an independent school to provide under the supervision and control of the school board to children enrolled in the independent school transportation from points on a regular public school bus route operated by the school board to other points on the same route. Agreement for other services 60(2) A school board may with the approval of the minister enter into an annual agreement with an independent school respecting the use of the facilities and resources of the school division or school district, other than transportation facilities and resources, by or for the benefit of children enrolled in the independent school while attending a public school operated by the school division or school district. Term of agreement 60(3) The term of an agreement under this section shall not exceed one year. Grants for transportation 60(4) Grants made or support provided to a school division or school district under this Act may include amounts for transportation provided by the school division or school district to children enrolled in an independent school pursuant to an agreement made under subsection (1). Grants for facilities and resources 60(4.1) The Lieutenant Governor in Council may make regulations prescribing the amounts of grants to be paid in respect of facilities and resources of a school division or school district used for the benefit of children enrolled in an independent school pursuant to an agreement made under subsection (2). Grants to independent schools 60(5) The minister may, under the regulations, make grants to an independent school in respect of instruction and services offered by the independent school to children enrolled therein, where the minister is satisfied that (a) the independent school teaches a sufficient number of courses approved under The Education Administration Act to ensure that children enrolled in the independent school receive an education of a standard equivalent to that received by children in public schools; (b) the principal and the teachers teaching the approved courses to children enrolled in the independent school hold valid and subsisting teaching certificates issued under The Education Administration Act ; (c) the department has approved the core curriculum of the school; (c.1) the independent school complies with section 85.2 (Remembrance Day observance) as if it were a public school; (d) the independent school has a legally incorporated Board of Directors; (e) the independent school has an elected advisory board that (i) includes at least three persons who are parents or guardians of children enrolled in the independent school, (ii) reports on the independent school on a regular basis during the school year, and not less often than once in each school term, to the parents or guardians of students enrolled in the independent school; (f) the independent school has had pupils in attendance for at least the two immediately preceding school years and has operated in compliance with clauses (a) to (e), and any requirements prescribed under clause (g), during that time; and (g) the independent school is in compliance with such other requirements as may be prescribed by regulation; and the minister may make regulations respecting the making of grants under this subsection and prescribing requirements for the purposes of clause (g). S.M. 1989-90, c. 49, s. 12 ; S.M. 1991-92, c. 20, s. 12 ; S.M. 1992, c. 58, s. 27 ; S.M. 1996, c. 51, s. 11 ; S.M. 2001, c. 43, s. 57 ; S.M. 2004, c. 42, s. 79 ; S.M. 2012, c. 41, s. 2 ; S.M. 2020, c. 21, s. 103 ; S.M. 2021, c. 4, s. 28 ; S.M. 2025, c. 47, s. 8 . PART V SCHOOL SITES, BUILDINGS AND OTHER PROPERTY SCHOOL SITES Selection of school site 61 Where a school site or an additional school site or a change in school site is required in a school division or school district the school board may select the site or may change a school site. Purchase and expropriation 62(1) Any school board may acquire by purchase, gift, exchange or otherwise and, without the consent of the owner thereof, may enter upon, take, use and expropriate land for a school site or land adjoining an existing school site which the school division or school district requires for the enlargement thereof, and any expropriation of land under this section is subject to the provisions of The Expropriation Act . Approval required to purchase land 62(2) No school board may acquire land under subsection (1) unless (a) the school board has first obtained the approval of the minister; or (b) the acquisition is by way of expropriation in accordance with section 65, or by gift. S.M. 1989-90, c. 49, s. 13 ; S.M. 2006, c. 21, s. 14 ; S.M. 2020, c. 21, s. 104 . Payment of encumbrance out of purchase money 63 Where a school board has purchased for school purposes, land that is subject to an encumbrance, the school board may out of the purchase money pay off the encumbrance with interest to date of the payment and if the encumbrance consists of a mortgage or annuity charge it may be paid off with interest to the date of the payment and a further amount equal to three months interest as a bonus. Deposit of money with Minister of Finance 64(1) Where, under section 63 (a) the person entitled to receive the money refuses to accept the amount hereby authorized to be paid; or (b) the person entitled to receive the money cannot be found; or (c) there is doubt or uncertainty as to the person who is entitled to receive the money; the school board may deposit the money with the Minister of Finance together with a statement in writing (d) indicating the reasons why the money is being deposited with the Minister of Finance; and (e) setting out any other information that it may have respecting the identity of the person who has or may have a claim on the money. Filing of receipt of Minister of Finance in L. T. O. 64(2) Upon receiving any money under subsection (1) the Minister of Finance shall issue to the school board a receipt therefor and upon production of the receipt to the district registrar of the land titles district in which the land is situated and an affidavit of that minister setting out to the satisfaction of the district registrar, the circumstances under which the money was received, the district registrar shall discharge the encumbrance, pro tanto, and strike out or amend the entry from the certificate of title showing the encumbrance, as the case may require. Disbursement of moneys paid in 64(3) Any money paid to the Minister of Finance under subsection (1) may be paid out by him on the direction of the district registrar within whose district the land in question lies. By-law for expropriation 65(1) Where under section 62 a school board is entitled to acquire land by expropriation for a purpose mentioned in that section and is unable to obtain a valid conveyance of the land, the school board may pass a by-law providing for the expropriation thereof. Contents of by-law 65(2) A by-law for expropriating land shall contain a description of the land by reference to a plan or otherwise and if it is proposed to expropriate an easement or other right in the nature of an easement it shall contain a description of the easement or other right to be expropriated. Approval required 65(3) A by-law passed under this section is of no force and effect unless it is approved by the minister. S.M. 2004, c. 15, s. 14 ; S.M. 2020, c. 21, s. 105 . Exemption — building restrictions and development schemes 66 A school board that purchases land that is subject to a building restriction caveat or a development scheme may use the land for its purposes in any manner, and the use is not subject to the building restriction or development scheme, or any instrument, declaration or agreement registered in respect of the building restriction or development scheme. S.M. 2011, c. 33, s. 51 . Sale of school site or other property 67 Subject to section 67.1, a school board may dispose of any school site or school property not required by the school board. S.M. 2020, c. 21, s. 106 . Authority for disposal of land 67.1 Subject to any regulations made under The Education Administration Act , a school division shall not dispose of any land or buildings owned by it, or any interest or right therein, by way of sale, lease, gift or otherwise, unless it first obtains the authorization of the minister and, where the minister authorizes the disposal of any land or buildings owned by the school division, or any interest or right therein, the minister may require that the moneys realized from the disposal be paid over to the Consolidated Fund. S.M. 2020, c. 21, s. 113 . Disposal of mines and minerals 68 Subject to the written approval of the minister where a school division or school district owns the mines and minerals lying in or under a school site owned by the school division or school district, it may, if so authorized by a by-law of the school board, lease, sell or otherwise dispose of and deal with, those mines and minerals or any part thereof as the school board in its discretion deems fit and without restricting the generality of the foregoing, but subject as aforesaid and under like authorization, it may enter into and execute agreements or contracts of the kinds commonly called petroleum leases, natural gas leases, unitization agreements and pooling agreements with respect to the mines and minerals. 68.1 [Not proclaimed, but repealed by S.M. 2018, c. 29, s. 29 ] S.M. 2011, c. 38, s. 19 ; S.M. 2018, c. 29, s. 29 . Notice of intention to dispose of land 68.2(1) A school board must not dispose of land until it has presented the proposed disposition, and the reasons for it, at an open meeting of the board and heard from persons present who wish to make submissions regarding the disposition. Public notice 68.2(2) The school board must, at least 14 days before the open meeting at which a disposition of land will be considered, give public notice of the meeting. S.M. 2011, c. 38, s. 19 . PEDESTRIAN SAFETY Pedestrian safety part of school design 68.3(1) During the planning of a new school, pedestrian safety must be taken into account when selecting the school site and during all stages of the school design process. Consultation with traffic engineers 68.3(2) Traffic engineers or other persons with recognized traffic safety qualifications must be consulted at the start of the school design process and throughout the process. S.M. 2015, c. 21, s. 3 . Notice to traffic authority 68.4(1) When the minister has approved the construction of a new school or a significant expansion to an existing school, the responsible school division must notify the traffic authority responsible for each road and highway that borders the school site. Pedestrian and traffic safety analysis required 68.4(2) After being advised of the approval, the traffic authority must conduct an analysis of the roads and highways that border the school site to determine if any changes should be made to address increased pedestrian activity and traffic flow once the new or expanded school is in use. Considerations 68.4(3) The pedestrian and traffic safety analysis must include a review of speed limits in the vicinity of the school and a consideration of whether new infrastructure or traffic control devices, such as signs, crosswalks and pedestrian corridors, are required on roads and highways that border the school site. Notice of changes and timelines 68.4(4) Based on the results of the pedestrian and traffic safety analysis, the traffic authority must provide the school division with written notice of all changes it will implement to address pedestrian and traffic safety when the new or expanded school is in use, and provide an expected timeline for implementing those changes. Timeline to implement changes 68.4(5) The traffic authority must provide the school division with a list of the changes that it will implement and the time line for implementing each change. 68.4(6) [Repealed] S.M. 2026, c. 37, s. 67 . S.M. 2015, c. 21, s. 3 ; S.M. 2018, c. 10, Sch. B, s. 129 ; S.M. 2020, c. 21, s. 107 ; S.M. 2026, c. 37, s. 67 . Temporary safety measures 68.5 If a new or expanded school is used before a traffic authority has implemented all of its intended changes, the traffic authority — after consulting with the school division — must (a) implement any temporary pedestrian and traffic safety measures that it considers appropriate; and (b) maintain those measures until its changes are fully implemented. S.M. 2015, c. 21, s. 3 ; S.M. 2018, c. 10, Sch. B, s. 129 . BUILDINGS AND OTHER PROPERTY Powers of school board respecting school property 69 A school board may (a) permit the use of school buildings and property and expend school moneys for the purpose of assisting any activities carried on under an agreement entered into by the province and the Government of Canada; and (b) accept on behalf of the school division or school district any gift of real or personal property or any interest therein and apply the revenue derived therefrom or the proceeds of the sale thereof, or both, towards the payment of scholarships or any other purpose prescribed by the donor thereof or if the gift is not made subject to conditions, for any purpose that the school board subject to the approval of the minister may determine. Purchasing procedures 70(1) Subject to the regulations the school board in the discharge of its duties under this Act shall at all times use the following procedures: (a) all purchases of personal property and contracted services shall be made in the most economical manner possible; (b) where the cost of personal property or services mentioned in clause (a) exceeds the amount prescribed under subsection (2), competitive offers for such property and services shall be obtained, except in emergency situations, by public tender; (c) all offers received pursuant to clause (b) shall be tabulated for ready reference for presentation to the school board. Regulations re tender limit 70(2) The minister may make regulations prescribing the cost of personal property and contracted services above which a school board must, except in an emergency, solicit competitive offers by public tender. S.M. 1996, c. 51, s. 12 ; S.M. 2010, c. 21, s. 4 . Ownership of personal property 71 The right and title to all personal property purchased, donated or otherwise acquired before, on or after the coming into force of this Act is hereby vested in the school division or school district, as the case may be. Duties of school board respecting custody of school property 72(1) Every school board shall hold in its possession, custody and safekeeping and regulate the use of all public school property, real or personal, acquired or received and hold or apply it according to the terms on which it was acquired or received. Repair and rental of buildings 72(2) Every school board shall keep its school buildings, contents and premises in proper repair and may, subject to section 74, acquire by lease, buildings and property as the school board deems necessary for its purposes. S.M. 1999, c. 14, s. 2 . Use of school properties 73 A school board may, subject to its community use policy and such terms and conditions as it may impose, permit the use of any property of the school division or school district with or without fee. S.M. 2012, c. 11, s. 3 . Agreements re Internet services 73.1(1) With the approval of the minister, a school board may enter into a cost-sharing agreement with the following to establish or improve a school's connectivity to the Internet through fibre-optic linkages: (a) another school board, a municipality, the Government of Manitoba or the Government of Canada or an agency of either of those governments, or the council of a band as defined in the Indian Act (Canada); (b) any other public body designated in the regulations; (c) a person. Public partners to be given priority 73.1(2) When considering entering into a cost-sharing agreement, a school board must consider partnering with a person or body described in clause (1)⁠(a) or (b) in priority to partnering with other persons. Regulations 73.1(3) The minister may make regulations designating public bodies for the purpose of clause (1)⁠(b). S.M. 2014, c. 13, s. 2 . Approval to acquire property 74(1) A school division or school district must not do any of the following without the approval of the minister: (a) purchase, lease or otherwise acquire a building or part of a building to be used for instructional purposes; (b) erect, enlarge or remodel a building or part of a building to be used for instructional purposes; (c) enter into a contract for any purpose described in clause (a) or (b). 74(2) [Repealed] S.M. 2020, c. 21, s. 108 . S.M. 1991-92, c. 20, s. 13 ; S.M. 1999, c. 14, s. 3 ; S.M. 2020, c. 21, s. 108 . PART VI CONDUCT OF SCHOOLS Tuition fees 75 Except as otherwise provided in this Act no school board shall charge tuition fees. Regulations respecting school year, vacations and school hours 76 The minister may make regulations (a) prescribing the length of vacations and the number of teaching days in the year; and (b) prescribing the hours that shall be school hours for pupils. Application of regulations 77 A regulation made under section 76 may apply to all school divisions, school districts or schools or to any one or more of them or to any part of a school division or a school district or a school. Holidays 78(1) The following days shall be school holidays: (a) every Saturday except as provided in subsection (3); (b) every Sunday; (c) every day named in the regulations as a holiday; (d) every day appointed by the Governor General in Council or by the Lieutenant Governor in Council as a general holiday. When holiday falls on weekend 78(2) If a school holiday, other than Saturday, Sunday or Remembrance Day, falls on a weekend, it must be observed on the following Monday. Teaching on Saturdays 78(3) Subject to the approval of the minister, teaching may be done in any school on a Saturday in which case that day shall be deemed to be a teaching day for that school. Outdoor education and work education 78(4) Subject to section 88, any pupil engaged in a work education program or participating in an outdoor education or other program which is conducted off the school premises under the authority of the school board shall be deemed to be in attendance at school. S.M. 2023, c. 50, s. 3 . LANGUAGES OF INSTRUCTION English and French as languages of instruction 79(1) Subject as otherwise provided in this section, English and French are the languages of instruction in public schools. Use of other languages 79(2) When authorized by the school board, a language other than English or French may be used in any school in the school division or school district (a) for instruction in religion during a period authorized for such instruction; (b) during a period authorized by the minister for teaching the language; (c) before and after the regular school hours prescribed in the regulations and applicable to that school; (d) in compliance with the regulations as a language of instruction, for transitional purposes; (e) in compliance with the regulations, as a language of instruction for not more than 50% of the regular school hours as determined by the minister. Use of English or French as language of instruction 79(3) Where in any school division or school district, there are 23 or more pupils who may be grouped in a class for instruction and whose parents desire them to be instructed in a class in which English or French is used as the language of instruction, the school board shall group those pupils, and upon petition of the parents of those pupils requesting the use of English or French, as the case may be, as the language of instruction in respect of those pupils, the school board shall group those pupils in a class for instruction and provide for the use of English or French, as the case may be, as the language of instruction in the class. Minister's discretion for fewer pupils 79(4) Where the number of pupils concerned is less than the numbers mentioned in subsection (3) as requirements for the application of that subsection, the minister may require the school board to make arrangements for the use of English or French as the language of instruction in any class. Francophone school division 79(4.1) After the first election of the francophone school board, (a) subsection (3) does not apply to a petition by parents who wish to exercise their rights under section 23 of the Charter; (b) any school board that receives a petition under subsection (3) for French instruction designed for pupils whose first language is French may refer the petition to the francophone school board instead of providing the French instruction; and (c) where a petition is referred to the francophone school board before it provides programs under section 21.5, the minister, after consulting with the francophone school board, may prescribe any necessary interim measures related to such a petition. Language of administration 79(5) The administration and operation of a public school shall be carried out in the English language or the French language as the minister may, by regulation, provide. English as subject of instruction 79(6) Notwithstanding any other provision of this Act, English (a) may be a subject of instruction in any grade; and (b) shall be a subject of instruction in every class in Grade IV, V, VI, VII, VIII, IX, X, XI or XII where French is used as the language of instruction. Agreements by boards 79(7) A school board may enter into an agreement with another school board for providing jointly classes in which the language used for instruction is English or French, as the case may be, and the pupils in those classes may be included in the numbers required to meet the requirements of any provision of this section or the regulations. Establishment of Languages of Instruction Advisory Committee 79(8) The minister shall establish a committee (hereinafter referred to as the "Languages of Instruction Advisory Committee") composed of nine persons, to which he may refer matters pertaining to the use of languages of instruction in public schools and which shall review those matters and make recommendations thereon to the minister. Composition of Languages of Instruction Advisory Committee 79(9) Of the nine members of the Languages of Instruction Advisory Committee (a) two shall be appointed by the minister from not fewer than four persons who are members of les commissaires d'ecole franco-manitobains, nominated by the Manitoba School Boards Association; (b) two shall be appointed by the minister from not fewer than four persons who are members of les educateurs franco-manitobains, nominated by the Manitoba Teachers' Society; and (c) five shall be appointed by the minister; for such term as the minister may determine. Regulations 79(10) For the purpose of carrying out the provisions of this section according to their intent the minister may make such regulations and orders as he may deem necessary. R.S.M. 1987 Supp., c. 26, s. 7 ; S.M. 1993, c. 33, s. 6 ; S.M. 2017, c. 11, s. 52 . INSTRUCTION IN RELIGION Authorization for instruction in religion 80(1) Instruction in religion may be conducted in any school in Manitoba if authorized by a by-law passed by the school board. Petition for instruction in religion 80(2) If a petition requesting that religious instruction be given in a school is presented to the school board and is signed by (a) the parents or guardians of at least 10 children attending the school having one or two classrooms; or (b) the parents or guardians of at least 25 children attending the school having three or more classrooms; the school board shall pass a by-law authorizing instruction in religion in compliance with the petition. Hours of instruction in religion 81 Instruction in religion, when authorized under or permitted by this Act, may take place during school hours at such time and on such days as approved by a by-law of the school board but in any case shall not exceed 2 1/2 hours per week and shall be conducted by a clergyman, priest, rabbi or other spiritual leader or by a representative of parents recognized by the school board as constituting a religious group or by any person including a teacher, duly authorized by such clergyman, priest, rabbi or other spiritual leader. Non-participation in instruction in religion 82 Where the parent or guardian of a pupil who is under the age of majority does not desire the participation of the pupil in religious instruction, the pupil shall be excused from participating in the instruction, and where a pupil over the age of majority does not wish to participate in religious instruction he shall be excused from participating therein. Regulations 83 The minister may make regulations for the purpose of giving effect to sections 80 to 82. RELIGIOUS EXERCISES AND PATRIOTIC OBSERVANCES Schools to be non-sectarian 84(1) Public schools shall be non-sectarian. 84(2) to (7) [Repealed] S.M. 2025, c. 47, s. 9 . Petition for religious exercises 84(8) If a petition asking for religious exercises, signed by the parents or guardians of 75% of the pupils in the case of a school having fewer than 80 pupils or by the parents or guardians of at least 60 pupils in the case of a school having an enrolment of 80 or more pupils, is presented to the school board, religious exercises shall be conducted for the children of those parents or guardians in that school year. S.M. 1991-92, c. 20, s. 14 ; S.M. 2004, c. 15, s. 15 ; S.M. 2025, c. 47, s. 9 . National anthem 85 At the beginning of every school day, the principal of each school must ensure that the first verse and chorus of "O Canada" are sung in the school and observed in a respectful manner. S.M. 2025, c. 47, s. 10 . Citizenship exercises 85.1 Every year on a day set aside by proclamation of the Governor General or Lieutenant Governor, the principal of each school must ensure that exercises with special emphasis on citizenship are held. S.M. 2012, c. 41, s. 2 ; S.M. 2025, c. 47, s. 10 . Remembrance Day observance 85.2 Every year on a school day between November 4 and November 10, the principal of each school must ensure that a Remembrance Day observance is held. S.M. 2025, c. 47, s. 10 . Regulations 85.3 The minister may make regulations respecting observances under sections 85, 85.1 and 85.2, including regulations respecting their form and content. S.M. 2025, c. 47, s. 10 . ACCIDENTS Exemption from liability in certain cases 86 Where injury or death is caused to a pupil enrolled in or attending a school (a) during, or as a result of, a course of instruction carried on under the jurisdiction of the school board; or (b) during, or as a result of, physical training, physical culture, gymnastic exercises or drill carried on in connection with the school activities; or (c) before or after school hours or during recess on school premises, on field trips or excursions or on school buses; no cause of action accrues to the pupil or to any other persons for loss or damage suffered by reason of the bodily injury or death, against the school division or school district or any servant, agent or trustee thereof unless it is shown that the injury or death was caused by the negligence of the school division or school district or negligence of any of its employees or agents or of any one or more of the trustees. Defective apparatus 87 Where the bodily injury or death of a pupil referred to in section 86 is caused by defective or dangerous apparatus supplied by the school division or school district for the use of the pupil, the school division or school district and its employees and agents and the trustees shall be deemed to have been not guilty of negligence unless it is shown that one or more of the trustees of the school board or one or more of the employees or agents thereof had knowledge of the defect in or the dangerous nature of the apparatus and failed to remedy or replace the apparatus within a reasonable time after acquiring the knowledge. Exemption from liability for accidents in work education programs 88 Any pupil attending any course in technical or vocational instruction as provided in clause 48(1)⁠(k) or off the school premises programs as provided for in subsection 78(4) shall be deemed to have accepted the risks incidental to the business, trade or industry in which he is being instructed or trained and, if bodily injury or death is caused to any such pupil during or as a result of the course, no cause of action for loss or damage suffered by reason of the bodily injury or death accrues to the pupil or to any other person (a) against the school board or any of the trustees, if it is shown that the school board believed, upon reasonable grounds, that the person with whom the pupil was placed was competent to give the instruction and that his plant and equipment were such as to provide reasonable safeguards against death or injury; or (b) against the person giving the instruction or his servants or agents unless the bodily injury or death of the pupil resulted from the negligence of the person giving the instruction or his servants or agents. No action lies arising out of school patrol 89 Where property damage, bodily injury or death is caused to any person instructed, directed or controlled by a school patrol in the course of acting as such no cause of action accrues by reason or in respect thereof against any school division or school district or any servant or agent thereof or any trustee or the school patrol or his parent or guardian. Permitting participation in sports not of itself negligence 90 No school division or school district or any of its trustees, employees or agents is guilty of negligence solely by reason of the fact that a pupil who wears eye glasses is permitted to take part in physical training, physical culture, gymnastic exercises or drill or to participate in any play or game carried on in connection with school activities. PART VII TEACHERS Certified teachers and principals 91(1) No person is legally qualified to teach or to be employed by a school division or school district as a teacher or principal unless that person holds a valid and subsisting certificate issued by the minister under The Education Administration Act .

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.

Correction of calculation by minister 191(6) If, after sending the statements under section 183 in any year, the minister discovers an error in its calculation of the amounts required to be raised by education support levies in that year it shall adjust its calculation of the amounts required to be raised by education support levies in the next following year by allowing credits or charging extra amounts as the case requires, to the municipalities affected to make up for the error. S.M. 2000, c. 35, s. 71 ; S.M. 2006, c. 24, s. 65 ; S.M. 2020, c. 21, s. 126 . REGULATIONS Regulations 191.1 The Lieutenant Governor in Council may make regulations (a) prescribing the amount of and manner in which support is to be calculated; (b) prescribing the times at which and the manner in which support is to be provided to school divisions; (c) respecting the terms and conditions subject to which support is to be provided to school divisions; (d) prescribing procedures whereby school divisions may submit matters to the minister for approval; (e) for the purpose of subsection 172.2(4), respecting circumstances under which capital support for an early learning or child care facility is not required for a school undergoing a major renovation; (f) authorizing or requiring school divisions to transport pupils; (g) prescribing the times at which and the manner in which municipalities must remit to the Minister of Finance and to the school division amounts required to be remitted under this Part; (h) prescribing the times at which and the manner in which school boards must remit amounts required to be remitted to the francophone school division under section 190.1; (i) respecting any other matter the Lieutenant Governor in Council considers necessary or advisable for the administration of this Act. S.M. 2020, c. 21, s. 127 . 192 [Repealed] S.M. 1989-90, c. 24, s. 91 . PART X OTHER FINANCIAL PROVISIONS Regulations 193 For the purpose of carrying out the provisions of this Part according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders, (a) prescribing the amount and manner in which grants to be provided to school districts under this Part shall be calculated; (b) prescribing the times at which and the manner in which grants to be provided under this Part shall be provided to school districts; (c) prescribing the terms and conditions subject to which grants shall be provided to school districts; (d) prescribing the amount by which the grant may be reduced. Regulations 194 The Lieutenant Governor in Council may make regulations respecting the payment of grants to school divisions, in addition to support that may be provided, to assist in establishing and maintaining evening schools and programs approved by the minister that are not supported either in whole or in part under the capital support program or the operational support program. S.M. 1991-92, c. 20, s. 36 . Definition: "administrative costs" 194.1(1) In this section, "administrative costs" means the administrative costs of operating a school division or school district that are prescribed by the minister. Control of administrative costs 194.1(2) The minister may by regulation (a) prescribe administrative costs for the purpose of this section; (b) establish reporting requirements for administrative costs budgeted or incurred by school divisions and school districts; and (c) set limits on administrative costs. Limits may be different 194.1(3) A regulation under subsection (2) may set different limits for different school divisions and school districts. Withholding of support 194.1(4) If in any year the administrative costs of a school division or school district exceed the prescribed limits, an amount not greater than the excess may be withheld from any operational support payable to the school division or school district. S.M. 2002, c. 8, s. 16 ; S.M. 2020, c. 21, s. 114 . Payment of grants 195 The Minister of Finance, on the requisition of the minister, shall make such grants as may be determined under the regulations made under section 194. Grants to educational organizations 196 The Minister of Finance, on the requisition of the minister, may make such grants to organizations or groups all or part of whose objects or purposes are, in the opinion of the minister, to foster educational projects. S.M. 2000, c. 15, s. 2 . 196.1 [Repealed] S.M. 2008, c. 29, s. 4 ; S.M. 2013, c. 29, s. 15 . Special grants 197 The Minister of Finance, on the requisition of the minister, may make special grants to school divisions or school districts from money authorized by an Act of the Legislature to be paid for that purpose. S.M. 2000, c. 15, s. 3 . Authorized closures 198 Where under the regulations the minister prescribes the number of days a school must be operated before the whole or any part of a grant is paid to the school division, any day during which a school is closed (a) by reason of sickness of the teacher, but in any case not exceeding the sick leave entitlement under the collective agreement that applies; or (b) by order of the health officer under The Public Health Act or regulations made thereunder; or (c) by reason of the use of the school building for the purpose of holding an election; or (d) under the regulations; shall, if the teacher is entitled to receive his salary for that day, be deemed to be a teaching day on which the school is operated within the meaning of the regulations. S.M. 2005, c. 27, s. 162 ; S.M. 2021, c. 39, s. 24 . Moneys payable to school divisions a debt of municipality 199 All moneys payable to a school division by a municipality and remaining unpaid after the date fixed by this Act, or the regulations for the payment thereof, are a debt owed by the municipality to the school division. Authority for reserves 200 A school division may, with the approval of the minister, establish reserves. S.M. 2020, c. 21, s. 128 . Definition of "securities" 201(1) In this section, "securities" means bonds, debentures, promissory notes, deposit certificates, treasury bills, trust certificates, guaranteed investment certificates or other documents evidencing debt. Investing moneys not immediately required 201(2) A school board may (a) invest in securities of a bank, trust company or credit union, or securities issued or guaranteed by the Government of Canada or the Government of Manitoba, that mature within one year; or (b) deposit for investment with the Minister of Finance for a period not exceeding one year; money that is not required for immediate expenditure. S.M. 1996, c. 51, s. 16 . Disposition of moneys 202 All moneys received by the Minister of Finance under clause 201(2)⁠(b) shall form a part of the trust funds of the government and shall be held in a separate account known as the "School Division's Reserve Fund Account", and a statement of the amount to the credit of each school division shall be set forth annually in the public accounts of the government. S.M. 1996, c. 51, s. 16 ; S.M. 1998, c. 35, s. 11 . 203 [Repealed] S.M. 1996, c. 51, s. 16 ; S.M. 1998, c. 35, s. 12 . 204 [Repealed] S.M. 1998, c. 35, s. 12 . Instruction in public institutions 205 In the case of public institutions supported in whole or in part by the government, the minister may, in his discretion, establish and maintain facilities for the instruction of pupils therein and may pay the costs incidental thereto including the salary of the teacher or any part of those costs out of the moneys annually authorized by an Act of the Legislature to be so paid and applied. School facilities in unorganized territory, etc. 206 In the case of unorganized territory or any other place where there is no school division or school district and where, in the opinion of the minister, it is inexpedient to establish a school division, the minister, in his discretion, may (a) establish and maintain school facilities for the instruction of pupils; (b) provide for the erection, maintenance and furnishing of a school; (c) pay all or part of the salary of a teacher; (d) operate a bus route and transport children to and from an existing school or pay all or part of the cost of board and room in lieu of transportation; (e) pay all or any part of such tuition fees as may be determined by mutual agreement with the school board and all or any part of the costs of, or incidental to, any of the things hereinbefore mentioned out of the moneys annually authorized by an Act of the Legislature to be so paid and applied. Minister to have powers of trustees 207 Where a school is established or services provided under section 206, the minister shall perform all the duties of and has all the powers vested in a school board under this Act. School must be conducted according to law 208(1) Where a school, in the opinion of the minister is not conducted as required by this Act or any other Act or by the regulations or where the principal thereof, or the school board to which the school belongs has not complied with the requirements of this Act respecting the duties of trustees and teachers, the school shall be deemed not to be a school. Waiver of non-compliance 208(2) Where the minister is of the opinion that a school has been conducted substantially as required by law and the regulations, and that any departure therefrom is of an unimportant character and has been caused, bona fide, by mistake or inadvertence, he may cause the usual proportion of the grants to be paid to the school division. Application of subsection (2) 208(3) Subsection (2) does not apply to the case of a school that has been conducted in violation of the provisions of sections 80 to 85.1. S.M. 2025, c. 47, s. 11 . 209 and 210 [Repealed] S.M. 1989-90, c. 24, s. 91 . Children attending another school 211 A person residing in a school division and sending his children to a school not operated by that school division is liable for the payment of all rates assessed on his taxable property for the school purposes of the school division in which he resides. RESPONSIBILITY FOR SCHOOL MONEYS Responsibility for default of treasurer 212(1) Every municipality and local government district is responsible to the Crown in right of Manitoba, and to all other persons interested, for ensuring that all school moneys coming into the hands of the treasurer of the municipality or of the resident administrator of the local government district by virtue of his office, are duly paid over and accounted for by him according to law. Sureties for school moneys 212(2) The municipal treasurer or the resident administrator and their respective sureties are, in like manner, responsible and accountable for the moneys to the municipality or local government district; and any bond or security given by any of them for the due accounting for, and paying over of, moneys coming into the hands of the municipal treasurer or resident administrator and belonging to the municipality or local government district applies to school moneys and may be enforced against the treasurer or resident administrator and their respective sureties in case of default on the part of the treasurer or resident administrator. Enforcing payment of school moneys 212(3) In the case of default in paying over school moneys, the Crown in right of Manitoba may enforce the responsibility of the municipality or local government district, either by stopping a like amount of any public moneys payable to the municipality or local government district or to the treasurer or resident administrator thereof or by any action or proceeding in a court of law against the municipality or local government district. Responsibility to individuals 212(4) Any person aggrieved by the default of a municipal treasurer or resident administrator may recover from the municipality or local government district the amount due or payable to that person, as money had and received to his use. Municipal advances for current expenses 212(5) A municipality may make advances to any school division within the municipality, prior to the levying or collecting of the taxes for which provision is made, in such amounts of money as may be required by the school board for current expenses, and the municipality may borrow money for such purposes. Guarantee of repayment 212(6) Subject to subsection (7), the Lieutenant Governor in Council may authorize the guaranteeing of the repayment of the whole or any part of the moneys so borrowed, in such manner, and subject to such conditions, as the Lieutenant Governor in Council may prescribe. Limitations on guarantees 212(7) The total amount that may be guaranteed under this section shall not exceed the sum of $500,000. Borrowing by municipality for deficiency for schools 212(8) Where a municipality, by reason of inability to collect its taxes is unable to pay to the minister or a school division the whole or any portion of the moneys payable by the municipality under this Act, or to repay any portion of moneys previously borrowed and guaranteed under this section, and the school board is unable to maintain the school in operation without the payment of those moneys, the municipality on the authorization of a by-law passed by the council may borrow by promissory note or by bank overdraft, repayable with interest at such rate and at such times as may be provided in the by-law, the amount of money by which the returns from the levies are deficient together with the amount so previously borrowed and guaranteed and still owing and unpaid. Board approval 212(9) A by-law passed under subsection (8) is subject to the approval of The Municipal Board. S.M. 1992, c. 58, s. 27 ; S.M. 1996, c. 58, s. 468 ; S.M. 2012, c. 40, s. 38 ; S.M. 2020, c. 21, s. 129 . PART XI BORROWING 213 [Repealed] S.M. 1991-92, c. 20, s. 37 ; S.M. 1996, c. 58, s. 468 ; S.M. 2005, c. 27, s. 162 ; S.M. 2020, c. 21, s. 130 . 214 and 215 [Repealed] S.M. 2020, c. 21, s. 130 . 216 and 217 [Repealed] S.M. 2005, c. 27, s. 162 ; S.M. 2020, c. 21, s. 130 . 218 to 223 [Repealed] S.M. 2020, c. 21, s. 130 . Borrowing restricted 223.1 A school division may not borrow money except in accordance with this Act or another Act. S.M. 2020, c. 21, s. 131 . Short-term borrowing 223.2(1) A school division may, if authorized by by-law of the school board, engage in short-term borrowing by way of loan from the government or by way of overdraft, line of credit, loan or otherwise upon its credit from a bank or other financial institution. Limit on amount 223.2(2) The total amount of a school division's short-term borrowing outstanding at any time must not exceed (a) the amount of the estimate of the approved expenses of the school division for the current year; (b) if an estimate under clause (a) has not been made, the amount of the approved expenses of the school division for the last preceding year; or (c) any greater amount approved by the Lieutenant Governor in Council. Definition of "short-term borrowing" 223.2(3) In this section, "short-term borrowing" means borrowing or raising money on terms that require it to be repaid within one year. S.M. 2020, c. 21, s. 131 . Long-term borrowing 223.3(1) In addition to its short-term borrowing authority, a school division may borrow money from (a) the government to the extent permitted by The Financial Administration Act or any other Act; and (b) a bank, trust company, credit union or other financial institution, with the approval of the Lieutenant Governor in Council. Additional borrowing authority 223.3(1.1) Despite any other Act, the school division may also borrow money under clause (1)⁠(a) or (b) to repay money previously borrowed under the authority of The Financial Administration Act or any other Act. Terms and conditions 223.3(2) The terms and conditions of borrowing under this section are to be determined by the Minister of Finance in consultation with the school division. S.M. 2020, c. 21, s. 131 ; S.M. 2026, c. 44, s. 58 . Advance out of Consolidated Fund 223.4 Money required for a loan from the government under section 223.2 or 223.3 may be paid out of the Consolidated Fund in accordance with The Financial Administration Act . S.M. 2020, c. 21, s. 131 . Securities 223.5(1) A school division may issue securities, as defined in The Financial Administration Act , only if (a) the amount of the security is within the school division's borrowing authority under this Act, The Financial Administration Act or any other Act; and (b) the security is issued to the Minister of Finance or the issuance of the security is authorized by the Lieutenant Governor in Council. Terms and conditions 223.5(2) The terms and conditions of securities under this section are to be determined by the Minister of Finance in consultation with the school division. Signature requirements 223.5(3) The securities must bear the seal of the school division and include the original or copy of the signature of the chair or vice-chair and the secretary-treasurer. Evidence of validity of security 223.5(4) A reproduction of the seal or a copy of the signature of the chair, vice-chair or secretary-treasurer on a security is valid and binding on the school division for all purposes without proof of the seal, or of the signature or appointment of the person signing the security. Board resolution 223.5(5) A recital or declaration in a school board resolution or in the school board minutes authorizing the issue or sale of a security is conclusive evidence of the authorization. S.M. 2020, c. 21, s. 131 ; S.M. 2026, c. 44, s. 59 . Debt repayment 223.6(1) A school division may deposit with the Minister of Finance, for investment on its behalf, money that is to be used for the sole purpose of repaying its debt. The Minister of Finance may apply the money to the repayment of the school division's debt as it falls due. Investments and interest paid to school division 223.6(2) At the request of a school division, the Minister of Finance must pay to the school division interest earned on money invested under subsection (1). Transitional 223.6(3) Money and investments held by a school division that were to be applied to the repayment of any of the securities issued by the school division before the coming into force of this section are, on the coming into force of this section, deemed to be held by the Minister of Finance for debt repayment under subsection (1). S.M. 2020, c. 21, s. 131 . Agreement about terms and conditions 223.7 A school division may enter into an agreement with the Minister of Finance respecting the terms and conditions of borrowing by the school division, government guarantees and the issuance of securities. S.M. 2020, c. 21, s. 131 . Minister of Finance as agent 223.8 The Minister of Finance may act as agent for a school division respecting any matter referred to in this Part. S.M. 2020, c. 21, s. 131 . Short-term borrowing in other currencies 223.9(1) The maximum number of dollars authorized for a school division's short-term borrowing may be borrowed in the same number of dollars in the currency of the United States. Other cases 223.9(2) If a school division is authorized under another Act to borrow money in a currency other than Canadian dollars, section 52 (raising money in foreign currency) of The Financial Administration Act applies, with necessary changes. S.M. 2020, c. 21, s. 131 . Transitional — existing debentures or other securities 223.10 Subsection 213(9) (registerable debentures) and section 218 (incontestability) of this Act, as those provisions read immediately before the coming into force of this section, continue to apply to a debenture or other security issued under Part XI (Borrowing) before the coming into force of this section. S.M. 2020, c. 21, s. 131 . PART XII PROHIBITIONS AND PENALTIES Making false reports an offence 224 Every trustee who signs a report, record or statement knowing it to be false, and every employee who keeps or signs a false report, record or statement knowing it to be false, with a view to obtaining for the school division or school district a larger amount of money than that to which it is entitled, is guilty of an offence and liable, on summary conviction, to a fine of not more than $100. Personal liability of trustees 225 Where a school board neglects or refuses to exercise its corporate powers for the fulfilment of any contract or other agreement made by the school board, each member of the school board is personally liable to every person who suffers loss or damage by reason of the neglect or refusal for the loss or damage suffered. Penalty 226 Every person who neglects, refuses or fails to comply with subsection 54(2) is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $100. or to imprisonment for a term not exceeding one month or to both. 227 [Repealed] S.M. 2004, c. 15, s. 19 . Field representative not to be trustee 228(1) Subject to subsection (2), no field representative shall be a trustee. Field representative may be official trustee 228(2) A field representative may be appointed as an official trustee. Penalty 229 No grant shall be paid to any school division or school district that fails to comply with the requirements of this Act and the regulations with respect to the providing and setting up of a flag pole. Acting as agent forbidden 230(1) No member of the staff of the department shall act as agent for any person in the sale, or in promoting the sale of anything for use in a school or receive any remuneration or other compensation for the sale or for the promotion thereof. Acting as agent forbidden 230(2) No employee of a school board shall act as agent for any person in promoting the sale of anything for use in a school in the school division or school district in which the employee is employed, or receive any remuneration or other compensation for the sale or any promotion thereof. S.M. 1989-90, c. 49, s. 16 . Selling goods, etc. prohibited without approval 231(1) No person shall canvass or sell or offer to sell goods, services or merchandise to a teacher or a pupil on school premises without the prior approval of the school board or a designate of the school board. Disturbances prohibited 231(2) No person shall (a) disturb or interrupt a school, a class in a school, or an activity of a school by his or her actions on school premises or in close proximity to school premises; or (b) trespass on school premises. Direction to leave school premises 231(3) A principal or a person authorized by the school board may direct any person to leave school premises who (a) causes a disturbance or interruption of a kind described in clause (2)⁠(a); (b) trespasses on school premises; or (c) is present on school premises for a purpose not reasonably associated with the normal functioning of the school. Person required to leave 231(4) A person who is directed to leave school premises under subsection (3) (a) shall immediately leave the premises; and (b) if the person has been given an oral or written notice to that effect by the principal or person authorized by the school board, shall not enter on school premises again except with the prior approval of the principal or authorized person. Assistance from a peace officer 231(5) The principal or a person authorized by the school board may, in order to maintain order on school premises or to enforce a notice given under clause (4)⁠(b), require adequate assistance from a peace officer. Offence 231(6) A person who contravenes this section is guilty of an offence and is liable on summary conviction, (a) in the case of an offence under subsection (1), to a fine of not more than $1,000.; and (b) in the case of an offence under subsection (2) or (4), to a fine of not more than $5,000. Court order relating to offence 231(7) When a person is convicted of an offence under subsection (2) or (4), the court may, in addition to imposing a fine, make an order having one or both of the following effects: (a) prohibiting the person from entering or being on the school premises in respect of which the offence was committed; (b) requiring the person to comply with any conditions the court considers appropriate in the circumstances for securing the person's good conduct and for preventing the person from repeating the same offence or committing other offences. S.M. 1995, c. 10, s. 2 . Exclusion of pupils for infectious diseases 232(1) No person suffering from a contagious or infectious disease, or who is affected with vermin, or who resides in a house in which any contagious or infectious disease or vermin exists, is entitled to attend or enter a public school during the existence of the contagious or infectious disease or vermin or at any time thereafter, until he presents to the principal of the school a certificate of a duly qualified medical practitioner that there is no longer any danger to the other pupils of the school of contagion or infection or of being affected with vermin. Action of school board in absence of physician 232(2) Notwithstanding subsection (1), the school board may, in the absence of any duly qualified medical practitioner, admit any person who is not entitled to enter the school under that subsection without such a certificate if it is satisfied that there is no danger of contagion or infection by reason of the admission of that person. Penalty of contravening section 232 233 Any person who enters a public school or a parent or guardian of a child who knowingly sends a child to a public school in contravention of section 232, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $50. Penalty for failure to secure proper treatment 234 A parent or guardian whose child is not entitled to enter a school because of contagious or infectious disease or vermin as provided in section 232, and who refuses or neglects to have proper treatment, medical or otherwise, given to the child, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $50. Penalty for failure to have child examined 235 A parent or guardian whose child is suspected of having a contagious or infectious disease and has been excluded from school for that reason, and who refuses to have his child examined by a duly qualified medical practitioner when facilities for such an examination are provided is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $50. Prohibition regarding offensive weapons 236(1) Unless authorized by a school board, it is an offence to carry to school an offensive weapon as defined in the Criminal Code . Penalty for offensive weapon 236(2) Where a pupil commits an offence, under subsection (1), the pupil, if he is of the age of majority, or his parent or guardian if he is under the age of majority, is liable, on summary conviction, to a fine of not less than $10. and not more than $100. Penalty additional 236(3) The penalty for which provision is made in this section is in addition to any other penalties or punishments under any other Act in force in the province. Penalty for violation of the Act 237 Every person who contravenes, or who omits, fails, neglects or refuses to comply with any provision of this Act or the regulations is guilty of an offence, and if no penalty is specifically provided therefor, is liable, on summary conviction, to a fine of not less than $10. and not more than $200. and, in default of immediate payment thereof, to imprisonment for not more than six months. Giving false information offence and penalty 238 Every person who, without lawful excuse, refuses or neglects to furnish the information required of him under section 241 or under any other provision of this Act, or wilfully gives false information, or practises any deception with respect to information required of him under this Act, or violates subsection 241(2), is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $100. and, in default of payment thereof, to imprisonment for a term not exceeding three months. PART XIII SPECIAL PROCEEDINGS ADMINISTRATION OF SCHOOLS IN UNORGANIZED TERRITORY Voters list in unorganized territory 239(1) Before the date specified by the minister, a person designated by the minister must compile a voters list for any school division or school district in unorganized territory. Preparation of list 239(2) The voters list must be compiled in accordance with The Municipal Councils and School Boards Elections Act as if the unorganized territory were in a local authority, and for that purpose the person designated by the minister has all the powers and duties of a senior election official under that Act. Continuing use of list 239(3) A voters list prepared under this section continues to be the voters list for the school division or school district in unorganized territory until a subsequent list is prepared. S.M. 2005, c. 27, s. 162 . 240 [Repealed] S.M. 2005, c. 27, s. 162 . CENSUS Census of school children 241(1) A school board, or the minister, where he considers it necessary, may take a census or make an enumeration of the children resident in the school division or school district or any portion thereof; and, for those purposes, the school board, or the minister, as the case may be, may (a) prescribe a form for the purpose of compiling such information as may be required; and (b) appoint such officers as are necessary in order to complete the census. Restriction of taking of census 241(2) Unless authorized by this Act, no person shall take, or represent that he is taking a census, or make, or represent that he is making a census or an enumeration of the children in any school division or school district or any portion thereof. Verification of information 241(3) Every officer appointed under subsection (1) shall certify that the information which has been procured by him under this section is correct to the best of his knowledge and belief, and shall deliver it to the school board or the minister, as the case may be. Information to be given to officers 242 Every person having the charge, custody or control of any child shall give to the officers appointed for the purpose mentioned under section 241 such information regarding the child as may be required under that section. COMMISSION OF INQUIRY Appointment of commission to hold inquiry 243(1) Where the minister deems it necessary, he may appoint a commission to hold an inquiry and report to him on any school matter. Taking of evidence 243(2) Every person appointed under subsection (1) may for the purpose of the inquiry, take evidence from witnesses under oath or solemn affirmation. Remuneration 243(3) A person appointed under subsection (1), shall receive such remuneration as the minister deems to be reasonable. Payment of costs 243(4) When an inquiry is made the cost of the inquiry and the report shall be paid as the commission directs. Compelling attendance of witnesses 244(1) In any inquiry that the minister is by law authorized to institute, make or direct, a writ of subpoena ad testificandum or subpoena duces tecum may issue from the Court of King's Bench, upon the praecipe of the minister therefor, containing the names of the witnesses intended to be summoned thereby; and any such writ shall be directed to such a person as the minister may designate, requiring him to attend and give evidence under oath at such time and place, and before such person as the minister may appoint. Penalty for default by person summoned 244(2) Any person who refuses or fails to obey any such subpoena is guilty of an offence and is punishable as in the like case in any action or cause in the Court of King's Bench. S.M. 2010, c. 21, s. 5 . ARBITRATIONS Appointment of arbitrator to decide issues 245(1) Where two or more school boards fail to reach an agreement upon any matter affecting them if, in the opinion of the minister, it is desirable in the interest of the school boards that the issue should be decided, the minister may appoint an arbitrator to decide such matters as he may submit to the arbitrator; and the award of the arbitrator is final and binding upon the school boards concerned. Appointment of secretary 245(2) The minister may appoint a person to act as secretary to the arbitrator appointed under subsection (1). Compensation of arbitrator 245(3) The person appointed arbitrator under subsection (1) and the person appointed secretary under subsection (2) while engaged in carrying out the duties under this section shall be paid such remuneration and out-of-pocket expenses as may be approved by order of the Lieutenant Governor in Council. Liability for costs 245(4) In making an award an arbitrator shall determine the liabilities of the parties concerned with respect to the costs of the arbitration; and the determination is final and conclusive. Validity of proceedings 246 Notwithstanding this Act or any other Act of the Legislature, and notwithstanding the insufficiency or uncertainly of, or any error, omission or defect in, any arbitration proceedings, or the submission thereto, or the award thereunder, or any of them taken, had, or made, under this Act, or any other Act of the Legislature for which this Act was substituted, before or after the coming into force of this Act, the proceedings, the submission and the award are (a) on the making of the award; or (b) if there is a right of appeal from the award, on expiration of the time for the appeal or on the final disposition of the appeal; valid and binding, and the proceedings, the submission and the award and each of them, shall not be questioned in any action, suit or proceeding, in any court on account of the insufficiency, error, omission, defect or uncertainty thereof. FAILURE TO ACCOUNT Application to court for documents, etc. 247(1) Where (a) the secretary-treasurer of a school division or school district; or (b) a person who has been a secretary-treasurer of a school division or school district; or (c) any other person; has in his custody or possession any books, papers, accounts, documents, chattels or moneys of the school division or school district, as the case may be, and he wrongfully withholds or neglects or refuses to deliver up or account for or pay over the books, papers, accounts, documents, chattels or moneys, as required by this Act (d) a majority of the trustees of the school board; or (e) any two voters of the school division or school district; or (f) the minister; or (g) any person designated by the minister; may apply to a judge of the Court of King's Bench for an order for the purpose. Application to be supported by affidavit 247(2) An application under subsection (1) shall be supported by an affidavit of the applicant setting out, among other things, that the applicant knows or has reason to believe that the person who refuses to comply with subsection (1) has in his custody or possession any books, papers, accounts, documents, chattels or moneys, as the case may be, and that he wrongfully withholds or neglects or refuses to deliver them up to the school division or school district as required by this Act. Hearing may be held ex parte 247(3) On the date, time and place fixed to hear the application, the judge, if he is satisfied that the respondent was duly served with a copy of the application, supporting affidavit and appointment for the hearing of the application, shall proceed to hear and determine the application, notwithstanding that the respondent is not present at the hearing. S.M. 2005, c. 27, s. 162 . Issuing of order by judge 248(1) If the judge, after the completion of the hearing is satisfied that the applicant's case is supported by the evidence heard by him, he shall issue an order requiring the respondent to deliver up the books, papers, accounts, documents, chattels or moneys, as the case may be, to the school board concerned and may in the case of moneys require the respondent to account therefor and may order the respondent to pay the costs of the hearing. Other remedies not affected 248(2) The taking of proceedings under section 247 and subsection (1) does not impair or affect any other remedy that the school board may have against the secretary-treasurer of the school division or school district, or other person who has been the secretary-treasurer, or his sureties, or against any trustee or other person as aforesaid. Powers of field representative 249 For the purpose of investigating a complaint or inquiry into an appeal under this Act, the field representative has like powers and protection as are conferred upon a commissioner appointed under Part V of The Manitoba Evidence Act . Appeal from field representative's finding 250(1) Any voter of a school division or school district may appeal as provided in this section from the finding or award of a field representative to a judge of the Court of King's Bench. Time of appeal 250(2) The appeal shall be made within a period of 14 days from the date of the issuing of the finding or award unless a judge of the court on application either before or after the expiration of the period, extends it for such further period as he deems just; but the total period for making an appeal as extended shall not exceed 60 days from the date of the issuing of the finding or award. Grounds of appeal 250(3) The appeal shall set out the grounds of appeal. Service of notice 250(4) The notice of appeal together with an appointment from the judge shall be served upon the field representative, the secretary-treasurer of the school division or school district and, unless he is the appellant, the complainant and any other party affected by the award at least 14 days prior to the date fixed for the hearing of the appeal, and a copy of the notice and the appointment shall be sent to the minister. Hearing de novo 250(5) The appeal shall be a hearing de novo. Costs 250(6) In determining an appeal under this section, the judge shall fix and settle the costs thereof and may direct by whom they shall be paid. S.M. 2005, c. 27, s. 162 . 251 to 257 [Repealed] S.M. 2002, c. 8, s. 20 . PART XIV SCHOOL ATTENDANCE 258 [Repealed] S.M. 1997, c. 27, s. 6 ; S.M. 2005, c. 8, s. 11 ; S.M. 2011, c. 3, s. 8 . Right to attend school 259(1) In accordance with this Act, a person who is five years of age or older on December 31 in a year has the right to attend school from the beginning of the fall term of that year until (a) the last school day of June in the year in which the person becomes 21 years of age; or (b) the day the person receives a graduation diploma or certificate of completion, as defined in the regulations; whichever comes first. Regulations 259(2) The minister may make regulations defining "graduation diploma" and "certificate of completion" for the purpose of clause (1)⁠(b). S.M. 1997, c. 27, s. 7 ; S.M. 2010, c. 21, s. 6 ; S.M. 2024, c. 34, s. 4 . Requirement to attend school 259.1(1) A child of compulsory school age shall attend school. When attendance is excused 259.1(2) Subsection (1) does not apply to a child described in clauses 262(a) to (j). Offence if 16 years of age or older 259.1(3) A child 16 years of age or older who is required to attend school under this section and who refuses to attend, or who is habitually absent from school, is guilty of an offence and is liable on summary conviction to a fine of not more than $200. Application 259.1(4) Subsection (3) applies only in respect of a child who has withdrawn from parental control. S.M. 2011, c. 3, s. 9 . Responsibility to send child to school 260(1) A parent or legal guardian of a child who is of compulsory school age must ensure that the child attends school. Offence 260(2) Subject to section 262, any person who fails or refuses to comply with subsection (1) is guilty of an offence. Pupils over 18 years of age 260(3) Notwithstanding that a pupil is over compulsory school age, he or she is subject to the rules of the school board in matters pertaining to school attendance. 260(4) [Repealed] S.M. 1999, c. 14, s. 4 . S.M. 1999, c. 14, s. 4 ; S.M. 2011, c. 3, s. 10 . Notification to the minister 260.1(1) The parent or guardian of a child who is a pupil in a home school shall, in a form approved by the minister, notify the minister of the establishment of the home school. When notification to take place 260.1(2) The parent or guardian shall, in a form approved by the minister, notify the minister about the home school when it is first established and on or before September 1 in each year. Information to be provided to minister 260.1(3) Within 30 days after a home school is first established and on or before September 1 in each year, the parent or guardian shall provide the minister with the following information: (a) the name and birth date of each pupil in the school; (b) the name of the school or school division each pupil would otherwise attend; and (c) an outline of the education program and grade level for each pupil. Periodic progress reports 260.1(4) The parent or guardian shall provide the minister with periodic progress reports on each pupil in the home school. The reports must contain the information and be provided according to a schedule determined by the minister. S.M. 2000, c. 15, s. 4 ; S.M. 2011, c. 3, s. 11 . 261(1) [Repealed] S.M. 1999, c. 14, s. 5 . Exclusion from school 261(2) A school board shall, upon being notified that an order has been made under The Public Health Act that requires a pupil who attends school in the school division or school district the board administers to refrain from attending school, promptly exclude the pupil from attendance at the school, and shall not permit the pupil to resume attendance at that or any other school in the school division or school district while the order is in effect. S.M. 1999, c. 14, s. 5 ; S.M. 2006, c. 14, s. 115 . Exemption from liability 262 No person is guilty of an offence under subsection 260(2) for failing or refusing to ensure that his or her child attends school if (a) the child is in regular attendance at an independent school, as defined in The Education Administration Act ; (a.1) in the case of a child who is 16 years of age or older, the child is enrolled in an adult learning centre registered under The Adult Learning Centres Act and is taking a program of study leading to a high school diploma; (b) the field representative certifies that in his opinion the child is currently receiving a standard of education at home or elsewhere equivalent to that provided in a public school; (c) the child is unable to attend school by reason of sickness or other unavoidable cause or is excluded from attendance under subsection 261(2); (d) the child is absent from school on any day regarded as a holy day by the church or religious denomination with which the child is affiliated; (e) [repealed] S.M. 2011, c. 3, s. 12 ; (f) the principal of the school has suspended the child from the school and the suspension is still in effect; (g) the child has been expelled and has not been permitted to enrol in another school division; (h) the child has received, or has completed the necessary requirements to receive, a graduation diploma or certificate of completion, as defined in the regulations made under subsection 259(2); (i) the child is at least 15 years of age and is participating in an activity or program provided for in the regulations made under section 262.2; (j) the child is absent or excused from school as authorized under this Act, a regulation made under this Act or another enactment; or (k) the child is at least 16 years of age and has withdrawn from parental control. S.M. 2011, c. 3, s. 12 ; S.M. 2021, c. 4, s. 28 . Transition: persons who have already stopped attending school 262.1(1) A person is deemed not to be a child of compulsory school age under section 1.1 if he or she, on the day this section comes into force, (a) is 16 years of age or older; and (b) has stopped attending school. If person begins attending school again 262.1(2) Subsection (1) ceases to have effect in respect of a person who has stopped attending school if he or she begins attending school again. S.M. 2011, c. 3, s. 13 . Regulations: participation in alternative activities and programs 262.2(1) The minister may make regulations respecting activities and programs, including work training programs that provide educational benefits, in which a child who is at least 15 years old may participate instead of attending school. Content of regulations 262.2(2) Without limitation, a regulation made under subsection (1) may (a) establish conditions under which and procedures by which children may participate in an activity or program; (b) establish criteria or standards for the activities or programs, and procedures for determining whether the criteria or standards are satisfied; (c) prescribe the monitoring and reporting on a child's participation in an activity or program, including governing how and to whom such reports are to be made. Procedural matters 262.2(3) In the case of a child who is 16 years of age or older who has withdrawn from parental control, a regulation under this section may provide that any right or responsibility given to or imposed on the child's parent or legal guardian is instead given to or imposed on the child. S.M. 2011, c. 3, s. 13 . Employment of children prohibited 263(1) Subject to any other provisions of this Act or any other Act of the Legislature, no employer as defined under The Employment Standards Code shall employ an individual during those hours in which the individual is required to be in attendance at a school. Offence 263(2) Any employer who violates subsection (1) is guilty of an offence and liable, on summary conviction, to a fine not exceeding $500. S.M. 2001, c. 43, s. 24 . Designation of school attendance officers 264(1) Every school board shall appoint one or more school attendance officers or shall designate one or more of its employees as school attendance officers for the purpose of carrying out the provisions of this Part. Jurisdiction of school attendance officer 264(2) For the purposes of this Part, every school attendance officer has jurisdiction over each child who is a resident of or a pupil in the area for which the school attendance officer is appointed or designated, and over all other children within that area. School board shall make rules 264(3) A school board shall make such rules as it considers necessary and expedient but not inconsistent with the provisions of this Act or the regulations, to direct and assist the school attendance officer in performing his duties and carrying out the provisions of this Part. Powers of field representative 265 A field representative has all the powers of a school attendance officer. Teacher to report absence 266(1) Where a child is absent from school contrary to the provisions of this Act, the teacher or the employee recording school attendance, shall in writing, report the matter including the name of the child to the principal of the school. Principal to report absence 266(2) In accordance with the regulations, a principal who receives a report of an absence under subsection (1) must, if satisfied that the child is in fact absent, (a) report the absence to the child's parent or legal guardian; and (b) inform them of their obligation to ensure that the child (i) attends school, or (ii) if the child is at least 15 years old, participates in an activity or program provided for in the regulations made under section 262.2.

Independent schools to report absence 266(3) Where a child who is enrolled at or is attending an independent school is absent from that school contrary to the provisions of this Act and the principal of the school is satisfied that the child is in fact absent, the principal must, in accordance with the regulations, (a) report the absence to the child's parent or legal guardian; and (b) inform them of their obligation to ensure that the child (i) attends school, or (ii) if the child is at least 15 years old, participates in an activity or program provided for in the regulations made under section 262.2. Report to local school attendance officer 266(4) A principal must report a child's absence to the local school attendance officer if the principal is satisfied that (a) the child continues to be absent from school after the child's parent or legal guardian has been informed of the absence; and (b) the parent or guardian has had a reasonable opportunity to comply with their obligations under this Act. Regulations: reporting absences 266(5) The minister may make regulations (a) respecting the principal's reporting a child's absence from school to the child's parent or legal guardian and the appropriate school attendance officer; (b) respecting the manner and timing of reports referred to in clause (a), and the information they must contain. S.M. 2011, c. 3, s. 14 ; S.M. 2021, c. 4, s. 28 . Right to enter 267(1) A school attendance officer for the purpose of carrying out the provisions of this Part has the power without warrant, to enter any place of public entertainment or amusement, factory, workshop, store or any other place where children may be employed or any other place where children may congregate. Authority to conduct absent child to school 267(2) Where pursuant to subsection (1) a school attendance officer enters any place mentioned in that subsection and finds in that place an individual who should be in attendance at school as required by this Act but who has been reported as being absent from school contrary to the provisions of this Act, the school attendance officer, as he deems advisable, may take and conduct that individual to the school in which he is enrolled or to the home of the individual. Notice to parents 268(1) Where a school attendance officer is in receipt of a report and upon investigation finds that the child is in fact unlawfully absent, he may serve the person having control or charge of the child with a notice in writing in the form set out in Schedule A. Manner of giving notice 268(2) The notice mentioned in subsection (1) may be served (a) by delivering it to the person to whom it is to be given; or (b) in the case of a corporation, society or organization, by delivering it or a copy thereof to any agent or officer of the corporation, society or organization; or (c) by mailing it by prepaid registered mail or certified mail to any of the persons mentioned in clauses (a) and (b) to whom it is to be given, at his last known address. Compliance with notice 268(3) Any person who fails, refuses or neglects to comply with the terms and directions of a notice served upon him pursuant to this section is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $500. or such other penalty as the court may deem proper. Bond 268(4) Notwithstanding subsection (3) the court may in its discretion require the person convicted to give a bond in the penal sum of $500. with one or more sureties to be approved by the court, and on the condition that the person convicted complies with the terms and directions of the notice. Access to records 269 Every school attendance officer appointed under the authority of this Act has the right of access to the records of every school board, every independent school and every municipal council for the purpose of procuring the names, ages and addresses of all children of compulsory school age and all such other information as may be required for the carrying out of the provisions of this Part. S.M. 2011, c. 3, s. 15 ; S.M. 2021, c. 4, s. 28 . Furnishing of information 270 Every individual who is requested by a school attendance officer to provide or furnish such information as may be required by the school attendance officer to assist him in carrying out the provisions of this Part, the regulations and the rules made by a school board, shall forthwith provide or furnish the information so requested unless he has a reasonable excuse not to do so. Prosecutions before provincial judge 271 All prosecutions under this Act may be brought and heard before any provincial judge and, except where otherwise provided by this Act, the procedure shall be governed by The Provincial Offences Act . S.M. 2013, c. 47, Sch. A, s. 136 . Effect of minister's certificate 272(1) In a prosecution under this Act a certificate in the form as set out in Schedule B or to the like effect over the signature of the minister is conclusive proof of all matters stated therein without proof of the signature of the minister. Effect of certificate by employee 272(2) In any prosecution under this Act a certificate in the form as set out in Schedule C or to the like effect, purporting to be signed by an employee in any school or independent school, is prima facie evidence of all matters stated therein without proof of the signature or the qualification of the employee by whom the certificate was made. S.M. 2021, c. 4, s. 28 . Proceedings instituted by school attendance officer 273 School attendance officers appointed under this Act may institute, or cause to be instituted, proceedings against any person having control or charge of any child, or against any individual who violates any provision of this Part. Appeal 274 Any person aggrieved by any order, decision or direction of a field representative, under this Part, may appeal therefrom to the minister and the minister may confirm, modify or reverse the order, decision or direction, in whole or in part and the decision of the minister upon the appeal is final. No quashing of order or conviction for want of form 275 A conviction or order made in any matter arising under this Act, either originally or on appeal, shall not be quashed for want of form. Regulations 276 For the purpose of carrying out the provisions of this Part according to their intent, the minister may make such regulations as are ancillary thereto and are not inconsistent therewith, and every regulation made under and in accordance with the authority granted by this section has the force of law. 277 and 278 [Not proclaimed, but repealed by S.M. 1996, c. 71, s. 31 ] S.M. 1996, c. 71, s. 31 . Commencement 279 Clause 41(1)⁠(q) and sections 277 and 278 come into force on a day fixed by proclamation. S.M. 1988-89, c. 11, s. 18 . NOTE: Clause 41(1)⁠(q) was never proclaimed into force and was repealed by S.M. 2018, c. 29, s. 31. NOTE: Sections 277 and 278 were never proclaimed into force and were repealed by S.M. 1996, c. 71, s. 31. SCHEDULE A (Subsection 268(1)) DEPARTMENT OF EDUCATION AND EARLY CHILDHOOD LEARNING THE PUBLIC SCHOOLS ACT Take notice that unless you cause your (child) (ward) ______________________________________________ (here fill in the name of the child or ward) to attend school under the provisions of the Act on or before the ___ day of ______, 20___, and to continue in regular attendance throughout the period during which he or she is required by The Public Schools Act to attend school regularly, or make satisfactory provisions for the education of the child hereinbefore named during that period, you will be liable to prosecution under The Public Schools Act . __________________________ School Attendance Officer Note: For exemption from liability see section 262 of this Act. S.M. 1993, c. 48, s. 91 ; S.M. 2011, c. 3, s. 16 . SCHEDULE B (Subsection 272(1)) DEPARTMENT OF EDUCATION AND EARLY CHILDHOOD LEARNING THE PUBLIC SCHOOLS ACT This is to certify that from the ___ day of ______, 20__, to the __ day of ______, 20__, The (name) _____________________ School Division, or The School District of (name) _______________, was duly organized under The Public Schools Act of the Province of Manitoba. __________________________ Minister S.M. 1993, c. 48, s. 91 ; S.M. 2011, c. 3, s. 17 . SCHEDULE C (Subsection 272(2)) DEPARTMENT OF EDUCATION AND EARLY CHILDHOOD LEARNING THE PUBLIC SCHOOLS ACT This is to certify that I, the undersigned, am a _________ (employee's title) in (a) The (name) ___________ School Division; or (b) The School District of ______________ (name); and that __________ (name of pupil) is a pupil on a record of attendance kept for the ____________ (name of school) and I have personal knowledge that the said ___________ (name of pupil) has been absent from that school without justifiable cause from the __ day of _______, 20__ to the __ day of _______, 20__, both days inclusive. Dated this __ day of _____, 20__. __________________________ (employee's signature) S.M. 1993, c. 48, s. 91 ; S.M. 2011, c. 3, s. 18 . SCHEDULE D Form 1 (Subsection 25(8)) AFFIDAVIT OF QUALIFICATION AND OATH OF OFFICE AND ALLEGIANCE OF TRUSTEES OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS CANADA PROVINCE OF MANITOBA TO WIT: I, _______________ of the _____ of _____________ in the Province of Manitoba ____________ (occupation) make oath and say (or solemnly affirm): (Strike out inapplicable words) 1. That I was elected a school trustee of The _____ School Division, or The School District of _________, on the ___ day of _____ , 20__. 2. That I am an actual resident elector within the said school division/district. 3. That my place of residence is (describe specifically). 4. That I am a Canadian citizen. 5. That I am of the full age of 18 years. 6. That I am not otherwise disqualified under The Public Schools Act . 7. That I will faithfully and impartially, to the best of my ability and knowledge, perform and fulfil the duties of the office of school trustee of The ____________ School Division, or The School District of _____________ to which I have been elected and so long as I shall continue to hold that office without fear or favour. 8. That I will be faithful and bear true allegiance to His Majesty __________, (naming the reigning sovereign for the time being) his heirs and successors according to law. SWORN (or AFFIRMED) before me at __________ in the Province of Manitoba this ______ day of ________, 20__. ___________________________________ ) ) ) ) ) ____________________________________________ Signature of Declarant A Commissioner for Oaths in and for the Province of Manitoba My commission expires _________________.