SNL1997 CHAPTER S-12.2 - SCHOOLS ACT, 1997

SNL1997 CHAPTER S-12.2 SCHOOLS ACT, 1997 Amended: 1999 c34; 2000 c32; 2001 c14; 2004 c25; 2004 cL-3.1 s62; 2007 c19; 2012 c13; 2013 c25; 2014 cC-10.1 s65; 2016 c35; 2018 c16; 2021 c21; 2022 c23; 2023 c18 CHAPTER S-12.2 AN ACT TO REVISE THE LAW RESPECTING THE OPERATION OF SCHOOLS IN THE PROVINCE (Assented to December 19, 1997) Analysis 1. Short title 2. Interpretation 2.1 Labrador Inuit rights PART I STUDENTS 3. Right of access to education 4. Compulsory attendance 5. Excused from attendance 6. Home instruction 7. Home instruction approval 8. Instruction in English 9. Instruction in French 10. Religious instruction & observances 11. Conduct of students 12. Student records 13. School fees 14. Failure to pay fee PART II PARENTS 15. Compulsory enrolment 16. Attendance 17. Offence 18. Duty to report 19. Regular attendance 20. Parent rights & duties 21. Liability for damage 22. Appeal PART III SCHOOLS 23. Application 24. Principal 25. School councils 26. Functions of school councils 26.1 School code of conduct 27. School opening 28. School hours 29. Extended school year 30. Closing 31. Presence of teacher 32. Teaching days 33. Responsibilities of teachers 34. School attendance record 35. School attendance record as evidence 35.1 Refusal to admit 36. Suspension 37. Expulsion 38. Re-admission 39. Review of expulsion 40. Maintaining standards 41. Prohibition 42. Corporal punishment 43. Private schools 44. Private school requirements 45. Private school inspection 46. Private school revocation 47. Private school report 48. Private school operation 49. Offence 50. Provincial schools 51. Schools in institutions 51.1 Foreign schools PART III.1 POWERS AND DUTES OF THE DEPARTMENT 51.2 Crown successor 51.3 Duties of department 51.4 Powers of department 51.5 Additional resources for certain schools 51.6 Zoning 51.7 Superintendent and senior management officials 51.8 Duties of superintendent 51.9 Suspension by superintendent 51.10 Medical certificate 51.11 Property 51.12 Shared facilities 51.13 School generated funds 51.14 Title to school land PART IV SCHOOL BOARDS 52. Rep. by 2023 c18 s25 53. Rep. by 2023 c18 s25 54. Rep. by 2022 c23 s26 55. Rep. by 2001 c14 s1 56. Rep. by 2023 c18 s25 57. Rep. by 2023 c18 s25 58. Rep. by 2022 c23 s27 59. Rep. by 2022 c23 s27 59.1 Rep. by 2022 c23 s27 60. Rep. by 2023 c18 s25 61. Rep. by 2023 c18 s25 62. Rep. by 2023 c18 s25 63. Rep. by 2023 c18 s25 64. Rep. by 2023 c18 s25 65. Rep. by 2023 c18 s25 66. Rep. by 2023 c18 s25 67. Rep. by 2023 c18 s25 68. Rep. by 2023 c18 s25 69. Rep. by 2023 c18 s25 70. Rep. by 2023 c18 s25 71. Rep. by 2023 c18 s25 72. Rep. by 2023 c18 s25 73. Rep. by 2023 c18 s25 74. Rep. by 2023 c18 s25 75. Rep. by 2023 c18 s25 76. Rep. by 2023 c18 s25 77. Rep. by 2023 c18 s25 78. Rep. by 2023 c18 s25 79. Rep. by 2023 c18 s25 80. Rep. by 2023 c18 s25 81. Rep. by 2023 c18 s25 82. Rep. by 2023 c18 s25 83. Rep. by 2023 c18 s25 84. Rep. by 2023 c18 s25 85. Rep. by 2023 c18 s25 86. Rep. by 2023 c18 s25 87. Rep. by 2023 c18 s25 88. Rep. by 2023 c18 s25 89. Rep. by 2023 c18 s25 90. Rep. by 2023 c18 s25 91. Rep. by 2023 c18 s25 92. Rep. by 2023 c18 s25 93. Rep. by 2023 c18 s25 PART V FRENCH FIRST LANGUAGE SCHOOLS 94. Conseil scolaire 95. Composition of conseil scolaire 95.1 Zones 95.2 Vacancy 95.3 Conseil scolaire to adopt constitution 95.4 Executive committee 95.5 Dissolution of conseil scolaire 96. Replacement of trustees 96.1 Closed meeting 96.2 Minutes 96.3 Meetings and business 96.4 Execution of documents 96.5 Annual budget 96.6 Accounts and audits 96.7 Audit directed by minister 96.8 Conflict of interest 96.9 Disclosure 96.10 Proceeding voidable 96.11 Application to Supreme Court 96.12 Conflict of interest remedy 96.13 Irregular management of affairs 96.14 By-laws 97. Duties of conseil scolaire 98. Powers of conseil scolaire 99. French first language schools 100. Building funds 101. Operational money 101.1 Salaries and other compensation – conseil scolaire 101.2 Adjustments in salary – conseil scolaire 102. Conseil d'ecole - voting members 103. Conseil d'ecole - non-voting members 104. Chairperson elected 105. Vacancy on a conseil d'ecole 106. Purpose of a conseil d'ecole 107. Functions of a conseil d'ecole 108. Duties of a conseil d'ecole 109. Protocol 110. Directors 110.1 Duties of director 110.2 Suspension by director 110.3 Contracts to be in writing 110.4 Property held by sonseil scolaire 110.5 Prohibition 110.6 Acquisition of property 111. Applicable sections 112. Property 113. Conseil scolaire only to operate French first language school 114. Interim conseil scolaire 115. Board's responsibility continued 116. Transitional: Agreements and personnel of board PART V.I PROVINCIAL ADVISORY COUNCIL ON EDUCATION 116.1 Provincial advisory council PART VI GENERAL 117. Powers of the minister 118. Lieutenant Governor in Council regulations 118.1 Ministerial regulations 119. Penalty 119.1 Application of Financial Administration Act PART VII TRANSITIONAL, CONSEQUENTIAL, REPEAL AND COMMENCEMENT 120. Transitional 121. DEC abolished 122. 1996 cE-2.2 Rep. 123. RSN1990 cS-11 Amdt. 124. 1996 cS-12.1 Rep. 125. RSN1990 cT-2 Amdt. 126. RSN1990 cT-3 Amdt. 127. SN1991 c17 Amdt. 3. Application 128. RSN1990 cT-1 Amdt. 129. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the Schools Act, 1997 . 1997 cS-12.2 s1 Back to Top Interpretation 2. (1) In this Act (a) " assistant director" means an assistant director appointed by the conseil scolaire under section 110; (b) " cohabiting partner" means a person with whom a trustee is living in a conjugal relationship outside of marriage; (c) " conseil scolaire " means the conseil scolaire referred to in section 94; (d) " department " means, unless the context indicates otherwise, the department presided over by the minister; (e) " director " means a director appointed by the conseil scolaire under section 110; (f) " emergency supply" means a person who does not have a valid certificate or licence issued under the Teacher Training Act and who is employed to teach in a school; (g) " former Act" means the Schools Act, 1996; (h) "French first language school" means a school established, maintained and operated by the conseil scolaire and includes a school operated by a board in accordance with section 23 of the Canadian Charter of Rights and Freedoms prior to the coming into force of Part V; ( i ) " medical practitioner" means a medical practitioner as defined in the Medical Act, 2011; (j) " minister " means the minister appointed under the Executive Council Act to administer this Act; (k) " parent " means ( i ) the father or mother of a child by birth, (ii) a person who has adopted a child under the Adoption Act, 2013, (iii) a person having lawful custody of a child, and (iv) a person who has demonstrated a settled intention to treat a child as a child of the person’s family, other than under an arrangement where the child is placed in a foster home for consideration by a person having lawful custody of the child; (l) " principal " means a teacher designated as a principal or acting as a principal of a school and includes a person who is the head of a private school; (m) " private school" means a school established under section 43; (n) " provincial advisory council" means the provincial advisory council on education established under section 116.1; (o) " provincial school" means a school established under section 50; (p) " registered psychologist" means a registered psychologist as defined in the Psychologists Act, 2005; (q) "school" means the body of school students that is organized as a unit for the purpose of education and includes the teachers and other staff members associated with the unit and the lands and premises used in connection with the unit; (r) " school council" means a council referred to in section 25; (s) " school day" means a day within a school year during which schools are operated in accordance with this Act and the regulations; (t) " school year" means a year commencing on July 1 in a calendar year and ending on June 30 in the following calendar year; (u) " senior management official" means the superintendent and an individual designated under subsection 51.7(3); (v) " spouse " means ( i ) a person to whom a trustee is married, unless the person and the trustee have made a separation agreement or their support obligations and family property have been dealt with by a court order, and (ii) a cohabiting partner; (w) " student " means a person who is ( i ) enrolled in a school, or (ii) required under section 4 to attend school; (x) " student record" means a record of information in written or electronic form pertaining to a student; (y) " superintendent " means the superintendent of schools referred to in subsection 51.7(1); (z) "teacher" means a person who has a valid certificate or licence issued under the Teacher Training Act and, notwithstanding paragraph (f), includes emergency supply but does not include a director, an assistant director or a senior management official; and ( aa ) " trustee " means a person who is ( i ) elected or appointed to the conseil scolaire under section 95, or (ii) appointed to the conseil scolaire under section 96. (2) In this Act, a reference to the powers, duties, functions or responsibilities of the conseil scolaire shall be considered to be in relation to French first language schools. 1997 cS-12.2 s2 ; 2012 c13 s1 ; 2013 c25 s1 ; 2021 c21 s1 ; 2022 c23 s1 ; 2023 c18 s1 Back to Top Labrador Inuit rights 2.1 This Act and regulations and orders made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act, regulation or order made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act. 2004 cL-3.1 s62 PART I STUDENTS Back to Top Right of access to education 3. (1) A person (a) who on December 31 in a school year is 5 years of age or older and younger than 21 years of age; and (b) who is ( i ) a Canadian citizen, (ii) lawfully admitted to Canada for permanent residence, (iii) a child of a Canadian citizen, or (iv) a child of a person who is lawfully admitted to Canada for permanent or temporary residence, is entitled in that year to an education program in accordance with this Act. (2) The department or the conseil scolaire may admit to an education program a person 21 years of age or older. (3) Notwithstanding subsection (1), the department or the conseil scolaire may admit to an education program a person who is not 5 years of age on December 31 in a school year where the person (a) was enrolled in kindergarten in another jurisdiction; and (b) will be 5 years of age before the end of that school year. 1997 cS-12.2 s3 ; 2012 c13 s2 ; 2022 c23 s2 ; 2023 c18 s2 Back to Top Compulsory attendance 4. (1) A person who (a) is entitled under subsection 3(1) to an education program in a school year; (b) on December 31 in a school year is 6 years of age or older; and (c) on September 1 in a school year is younger than 16 years of age shall attend a school for the entire school year. (2) A student shall attend the school that the department or the conseil scolaire directs, unless otherwise permitted under this Act or by the department or the conseil scolaire. (3) The department or the conseil scolaire shall admit to a school at the beginning of the school year all children who are under the jurisdiction of the department or the conseil scolaire who are 5 years of age before January 1 in that school year. (4) The department or the conseil scolaire shall establish a kindergarten class in a school for children who are 5 years of age before January 1 in a school year. 1997 cS-12.2 s4 ; 2023 c18 s3 Back to Top Excused from attendance 5. Notwithstanding section 4, a student is excused from attending a school where the student, (a) is unable to attend school by reason of illness or other unavoidable cause and the teacher is advised of it, but the principal may require that the illness be certified by a medical practitioner; (a.1) has been refused admission to school under this Act; (b) has been expelled or suspended from school under this Act; (c) with the prior written approval of the superintendent or the director, is under instruction satisfactory to the superintendent or the director, at home or elsewhere, for a period specified by the superintendent or the director; (d) has the written permission of the principal to be absent from school for a reasonable period because, in the opinion of the principal and in accordance with the policy of the department or the conseil scolaire, the student will be exposed to other experiences of significant educational and social value; ( e ) is absent for another reason that in the opinion of the principal does not constitute neglect or refusal to attend school under this Act; or (f) has successfully completed the requirements for senior high school graduation. 1997 cS-12.2 s5 ; 2018 c16 s1 ; 2022 c23 s3 ; 2023 c18 s4 Back to Top Home instruction 6. (1) A parent of a student may provide, at home or elsewhere, instruction for that student where the student is excused from attending a school under paragraph 5(c). (2) A student who is excused from attending school under paragraph 5(c) shall be enrolled under section 15. 1997 cS-12.2 s6 Back to Top Home instruction approval 7. The period for which a student may be excused from attending a school under paragraph 5(c) (a) shall be valid for no longer than a school year; and (b) may be renewed upon application to the superintendent or the director each school year. 1997 cS-12.2 s7 ; 2022 c23 s4 Back to Top Instruction in English 8. Every student is entitled to receive instruction in English. 1997 cS-12.2 s8 Back to Top Instruction in French 9. Where an individual has rights under section 23 of the Canadian Charter of Rights and Freedoms to have the individual’s children receive instruction in French, the children of that individual shall receive that instruction in accordance with those rights wherever in the province those rights apply. 1997 cS-12.2 s9 ; 2022 c23 s5 Back to Top Religious instruction & observances 10. (1) Where a student's parent requests in writing, the principal of a school shall excuse that student from participation in a course in religion or a religious observance conducted in the school. (2) A parent of a student in a school may request of the school principal, giving the principal reasonable notice, that a religious observance be held in the school. (3) A principal of a school shall, in accordance with the policies of the department or the by-laws of the conseil scolaire, comply with a request of a parent with respect to a religious observance. 1997 cS-12.2 s10 ; 2023 c18 s5 Back to Top Conduct of students 11. Every student shall (a) promote a safe and caring learning environment; (b) comply with the school code of conduct, school discipline and the rules of the school; and (c) carry out the learning activities within the prescribed curriculum. 2013 c25 s2 Back to Top Student records 12. (1) A student record shall be maintained for each student in the manner required by a policy directive of the minister. (2) Except as provided in this section a student record may only be reviewed by (a) the parent of the student; or (b) the student, if the student is 19 years of age or older, to whom that student record pertains. (3) A parent or student, if the student is 19 years of age or older, shall review the student record at a time and with a person designated by the department or the conseil scolaire and receive an explanation and interpretation of information in the student record from that person. (4) A parent or student, if the student is 19 years of age or older, who is of the opinion that the student record contains inaccurate or incomplete information may request the principal to review the matter. (5) A student record may be used by the principal and teachers of a school and by employees of the department or the conseil scolaire to assist in the instruction of the student to whom that student record pertains. (6) Without the written permission of the parent of a student, or the student if the student is 19 years of age or older, (a) a student record shall not be admissible in evidence in a trial, inquiry, examination, hearing or other proceeding except to prove the establishment, maintenance, retention or transfer of that student record; and (b) a person shall not be required to give evidence respecting the content of the student record in a trial, inquiry, examination, hearing or other proceeding. (7) Notwithstanding subsections (1) to (6), a principal may use a student record to prepare information or a report (a) required under this Act; and (b) when requested in writing by a parent, or where a student is 19 years of age or older, the student or former student, for ( i ) an educational institution, or (ii) an application for employment. (8) This section shall not prevent the use of a report based upon a student record by the principal of a school attended by that student, the department or the conseil scolaire, for the purpose of a disciplinary proceeding commenced by the principal respecting the conduct of that student or a prosecution of an offence under this Act. (9) An action shall not lie against a person who contributes test results, evaluations or other information to a student record where the person acted in good faith within the scope of the person’s duties. 1997 cS-12.2 s12 ; 2022 c23 s6 ; 2023 c18 s6 Back to Top School fees 13. (1) A fee shall not be imposed upon a student or parent of a student with respect to the enrolment or attendance of that student or a program or course of study undertaken by that student in a school other than a private school. (2) Subsection (1) shall not apply to (a) a fee for the cost of supplies provided to a student; (b) a fee for other services provided to a student outside school hours; or (c) a fee payable by a student who possesses a student authorization under a Canadian visitor visa and who has come to the province for the purpose of attending school. 1997 cS-12.2 s13 Back to Top Failure to pay fee 14. (1) A person shall not be denied enrolment or attendance at a school or a program or course of study in a school, other than a private school, by reason only that a fee referred to in subsection 13(2) has not been paid. (2) Subsection (1) shall not apply to a student who possesses a student authorization under a Canadian visitor visa and who has come to the province for the purpose of attending school. 1997 cS-12.2 s14 PART II PARENTS Back to Top Compulsory enrolment 15. (1) A parent of a child required to attend school under section 4 shall present that child for enrolment in a school. (2) A parent of a student who moves within the province or into the province shall present the student for enrolment in a school within one week of the move. 1997 cS-12.2 s15 ; 2022 c23 s7 Back to Top Attendance 16. A parent of a child shall ensure that the child attends school unless the child is excused from attendance under this Act. 1997 cS-12.2 s16 ; 2022 c23 s8 Back to Top Offence 17. (1) A parent of a child who neglects or refuses to enrol the child in school or does not make every reasonable effort to ensure that the child attends school is guilty of an offence. (2) A person who by threat, intimidation or otherwise prevents or attempts to prevent the attendance of a child at school is guilty of an offence. (3) A conviction under this section does not bar further prosecution for the continued contravention of this section and each day's continued contravention shall constitute a separate offence. (4) A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 3 months or to both a fine and imprisonment. 1997 cS-12.2 s17 ; 2022 c23 s9 Back to Top Duty to report 18. (1) A person who has reason to believe that (a) a child who is required to be enrolled under section 15 is not enrolled; or (b) a child who is receiving instruction under section 6 is not receiving instruction in accordance with this Act, shall report that belief to the superintendent or, in the case of a French first language school, to the director. (2) An action shall not lie against a person who makes a report or the superintendent or the director with respect to an action taken as a result of a report received under subsection (1) unless the report is made or the action is taken maliciously. 1997 cS-12.2 s18 ; 2022 c23 s10 Back to Top Regular attendance 19. (1) A teacher, a principal, the superintendent and the director shall make every reasonable effort to secure the regular attendance of students at school. (2) A principal who (a) is satisfied that every reasonable effort has been made to have a student who has been absent from school return to regular attendance at school; and ( b ) believes reasonably that the absence of a student constitutes a breach of this Act, shall give a written report of the situation to the superintendent or, in the case of a French first language school, to the director. (3) Where the superintendent or the director receives a report under subsection (2) and is satisfied that every reasonable effort has been made to have the student return to regular attendance and these efforts have been unsuccessful, the superintendent or the director shall refer that matter for investigation to the nearest detachment of the Royal Newfoundland Constabulary or of the Royal Canadian Mounted Police. 1997 cS-12.2 s19 ; 2022 c23 s11 ; 2022 c23 s11 Back to Top Parent rights & duties 20. (1) A parent of a student attending a school is entitled to (a) be informed of the student's attendance, behaviour and progress in that school; and (b) have access on request to annual reports respecting the general effectiveness of education programs in that school and in the province. (2) A parent of a student attending school may request that a teacher, the superintendent or, in the case of a French first language school, the director consult with the parent with respect to the student's education program and that teacher, the superintendent or the director shall comply with that request unless the request is unreasonable in terms of frequency or other circumstances. (3) A teacher, the superintendent or the director may request that a parent of a student consult with the teacher, the superintendent or the director with respect to that student's education program and that parent shall comply with that request. 1997 cS-12.2 s20 ; 2022 c23 s12 ; 2023 c18 s7 Back to Top Liability for damage 21. (1) Where the following property is destroyed, damaged or lost by the intentional or negligent act of a student, that student and the student's parents are individually and collectively liable to the Crown or the conseil scolaire in respect of the act of that student: (a) property of the Crown used for primary, elementary or secondary education purposes; (b) property of an employee of the Crown engaged in duties related to primary, elementary or secondary education; (c) property of the conseil scolaire; or (d) property of an employee of the conseil scolaire. (2) Subsection (1) does not apply to a parent of a student who is 19 years of age or older. 2012 c13 s3 ; 2022 c23 s13 ; 2023 c18 s8 Back to Top Appeal 22. (1) Where a decision affects a student, the parent of the student or, where the student is 19 years of age or older, the student may appeal the decision (a) of an employee of the department employed in a school, to the principal and the principal's decision may be appealed to the superintendent; (b) of an employee of the conseil scolaire employed in a school, to the principal and the principal's decision may be appealed to the conseil scolaire; (c) of the principal, to the superintendent or the conseil scolaire; (d) of an employee of the department not employed in a school, to the superintendent; and (e) of an employee of the conseil scolaire not employed in a school, to the conseil scolaire, and the superintendent's or the conseil scolaire's decision on the appeal shall be final. (3) An appeal under this section shall be made in accordance with (a) this Act; and (b) in the case of (i) the department, the regulations, or (ii) a French first language school, the by-laws of the conseil scolaire. (4) A decision made under this section that is final or that is not appealed within the appeal period is binding upon the student, school, department, conseil scolaire and other persons affected by that decision. (5) This section shall not apply to expulsion decisions under section 37. 1997 cS-12.2 s22 ; 2022 c23 s14 ; 2023 c18 s9 PART III SCHOOLS Back to Top Application 23. (1) Sections 24 to 41 apply to a school other than a private school. (2) Sections 25 and 26 do not apply to a provincial school or a school referred to in section 51. 1997 cS-12.2 s23 Back to Top Principal 24. (1) The department or the conseil scolaire shall appoint a principal for every school. (2) A principal appointed under the former Act shall be considered to have been appointed under subsection (1) immediately upon the commencement of this Act. (3) A principal of a school shall, subject to the direction of the department or the conseil scolaire, (a) provide instructional leadership in the school; (b) ensure that the instruction provided by the teachers employed in the school is consistent with the courses of study and education programs prescribed or approved under this Act; (c) ensure that the evaluation and grading of students is conducted in accordance with generally accepted standards in education; (d) evaluate or provide for the evaluation of programs offered in the school; (e) manage the school; (e.1) promote a safe and caring learning environment; (f) maintain order and discipline in the school and on the school grounds and at those other activities that are determined by the principal, with the teachers of the school, to be school activities; (g) promote co-operation between the school and the communities that it serves; (h) provide for the placement of students in courses of study and education programs prescribed or approved under this Act; ( i ) provide for the promotion and advancement of students; (j) evaluate or provide for the evaluation of teachers employed in the school; (k) annually provide a report with respect to the school; (l) ensure a student record is established and maintained for each student in the school; (m) where the school is a French first language school, promote cultural identity and French language in the school; and (n) carry out other duties assigned by the department or the conseil scolaire. 1997 cS-12.2 s24 ; 2013 c25 s3 ; 2023 c18 s10 Back to Top School councils 25. (1) A principal of a school shall establish a school council for the school. (2) A school council shall, in accordance with the policies of the department, consist of no fewer than 8 members and no more than 15 members, including members under subsections (4) and (7), of whom (a) no fewer than 2 and no more than 4 shall be teachers elected by teachers from among teachers of the school; (b) no fewer than 3 and no more than 6 shall be parents elected by parents from among parents of students in the school; and (c) no fewer than 2 and no more than 4 shall be representatives of the community appointed by the school council members elected under paragraphs (a) and (b). (3) Where a school council consists of more than 8 members, those members shall be elected and appointed in a manner consistent with the representation of members under paragraphs (2 )( a), (b) and (c). (4) The principal of a school shall be a member of the school council for that school by virtue of the principal’s position. (5) A parent of a student in a school who is a teacher in that school shall not be eligible to be elected to the school council for that school under paragraph (2)(b). (6) Notwithstanding subsections (2), (3) and (9), a school with fewer than 4 teachers, including the principal, shall appoint all of its teachers to the school council. (7) In addition to the requirements of subsection (2), in a school where senior high school courses are taught, at least one student who is elected by students in those courses shall be a member of the school council. (8) A school council shall elect a chairperson from among its members but the principal is ineligible for election. (9) A member of a school council elected or appointed under subsection (2) shall hold office for a period of 3 years and may be elected or appointed to that school council for one further term of 3 years. (10) Notwithstanding subsection (9), of the members of a school council first elected or appointed under subsection (2), (a) 1/3 or as near as may be possible shall serve for a term of one year; (b) 1/3 or as near as may be possible shall serve for a term of 2 years; and (c) the remaining members shall serve for a term of 3 years. (11) Notwithstanding subsection (10), at all times, members of a school council shall be elected and appointed in a manner consistent with the representation of members under paragraphs (2)(a), (b) and (c). (12) Notwithstanding subsections (9) and (10), a member of a school council shall continue to serve on that school council until the member is replaced. (13) A vacancy on the school council shall be filled in the same manner as the member being replaced and the replacement member shall serve only for the remainder of the term of office of the member being replaced and may be re-elected or re-appointed for one term of 3 years. (14) A principal shall report in writing to the superintendent not later than October 15 of the school year if the principal is unable to establish a school council, and the superintendent, if satisfied that every reasonable effort has been made to establish the school council, may exempt the principal from the obligation to establish a school council or approve a school council for that school year whose composition differs from that required under subsection (2). 1997 cS-12.2 s25 ; 2022 c23 s15 ; 2023 c18 s11 Back to Top Functions of school councils 26. (1) The purpose of a school council is to develop, encourage and promote policies, practices and activities to enhance the quality of school programs and the levels of student achievement in the school. (2) The functions of a school council are to (a) represent the educational interests of the school; (a.1) promote a safe and caring learning environment; (b) advise on the quality of teaching and learning in the school; (c) facilitate parent and community involvement in teaching and learning in the school; and (d) advise the department on matters of concern to the school and the community. (3) The school council shall (a) approve, for recommendation to the department, a plan for improving teaching and learning in the school; (b) support and promote the plan approved by the department for improving teaching and learning in the school; (c) approve and monitor activities for the raising of funds for the school; (d) consider information respecting performance standards in the school; (e) assist in the system of monitoring and evaluating standards in the school; (f) monitor the implementation of recommendations in reports on the performance of the school; (g) conduct meetings with parents and members of the community on matters within its responsibility under this section; (h) ensure that the report on the school prepared under paragraph 24(3)(k) is available to members of the public; and ( i ) communicate concerns respecting departmental policies and practices to the department. (4) The school council may, subject to the policies of the department, approve a levy, the payment of which is voluntary, once in a school year, instead of, or as a supplement to, fund raising activities for the school. (5) A school council may recommend that the principal of a school provide for a religious observance in the school. (6) The department shall enter into a protocol with each school council which shall serve as a guide and reference for school council operations. (7) The department may with the consent of the school council delegate responsibilities to the school council in addition to those set out in subsections (2) and (3). (8) The school council shall operate in accordance with the policies of the department. 1997 cS-12.2 s26 ; 2013 c25 s4 ; 203 c18 s12 Back to Top School code of conduct 26.1 (1) Every school shall have a school code of conduct which shall include (a) standards of appropriate and inappropriate behaviours; and (b) proactive and reactive strategies. (2) The reactive strategies referred to in paragraph (1 )( b) shall include consequences of failure to comply with the school code of conduct. 2013 c25 s5 Back to Top School opening 27. (1) A school shall open and close for the school year on the dates determined by the minister. (2) The Lieutenant-Governor in Council may declare a day as a school holiday and a school shall observe that school holiday but the department or the conseil scolaire shall specify all other holidays and vacation periods in a school year. 1997 cS-12.2 s27 ; 2023 c18 s13 Back to Top School hours 28. In each school day the minimum number of hours of instruction for students shall be (a) for kindergarten, 2.5 hours; and (b) for grades 1 to 12, 5 hours. 2012 c13 s4 Back to Top Extended school year 29. (1) The minister may direct that a school which, in the minister’s opinion, cannot be kept in continuous operation during a school year, be kept open during periods of vacation ordinarily observed by schools. (2) Where a school is kept open under subsection (1) the provisions of this Act respecting attendance at school shall apply. 1997 cS-12.2 s29 ; 2022 c23 s16 Back to Top Closing 30. The department or the conseil scolaire may authorize the closing of a school or class for a temporary period for a reason referred to in section 32. 1997 cS-12.2 s30 ; 2023 c18 s14 Back to Top Presence of teacher 31. Unless assigned to other duties by the principal or absent because of illness or other unavoidable cause, a teacher shall be in school during a period in the morning and in the afternoon immediately preceding the time set for the opening of school as required by the policies of the department or the by-laws of the conseil scolaire. 1997 cS-12.2 s31 ; 2023 c18 s15 Back to Top Teaching days 32. A teacher in a school shall, for the purpose of determining payment of salary, be considered to have taught on a day or part of it when (a) the teacher having charge of the school closes it because of inclement weather, under a general authority given to the teacher orally or in writing by or under the direction of the department or the conseil scolaire; (b) the school is closed by order of the minister responsible for health by reason of disease being or threatening to become epidemic; (c) the school is closed by the department or the conseil scolaire at any time after opening to enable repairs to be effected; (d) the school is declared uninhabitable by the department or the conseil scolaire because of fire, storm, failure of the sewage system or other cause of a similar nature; (e) the teacher was unavoidably prevented from opening the school because of delay in construction of new buildings or the extension, remodelling or renovation of existing buildings and the minister is satisfied that no alternative accommodation was available; (f) the school was closed because of lack of heating or for another reason, where, in the opinion of the minister, the closing of the school could not have been avoided by the teacher; or (g) the teacher is required to act as a member of the board of arbitration established in accordance with the collective agreement as defined in the Teachers' Collective Bargaining Act. 1997 cS-12.2 s32 ; 2022 c23 s17 ; 2023 c18 s16 Back to Top Responsibilities of teachers 33. A teacher's responsibilities shall include (a) providing instruction to students and encouraging and fostering student learning; (b) promoting goals and standards applicable to the provision of education approved under this Act; (c) teaching the courses of study and education programs that are prescribed or approved under this Act; (d) regularly evaluating students and periodically reporting the results of the evaluation to the student and the student’s parent; (d.1) promoting a safe and caring learning environment; (e) under the direction of the principal, maintaining and supervising order and discipline among the students while they are in the school or on the school grounds and while they are attending or participating in activities that are determined by the principal, with the teachers of the school, to be school activities; (f) where the teacher is employed in a French first language school, promoting cultural identity and French language in the school; and (g) carrying out those duties that are assigned to the teacher by the principal or the superintendent or the conseil scolaire. 1997 cS-12.2 s33 ; 2013 c25 s6 ; 2022 c23 s18 ; 2023 c18 s17 Back to Top School attendance record 34. A teacher shall keep a record of student attendance in a manner approved by the minister. 2012 c13 s5 Back to Top School attendance record as evidence 35. A copy of the school attendance record maintained in a school or, in the absence of a school attendance record, a certificate signed by the principal of the school respecting the attendance record of a student is, in the absence of evidence to the contrary, admissible in evidence in all courts in a prosecution for an offence under this Act and is proof of the information contained in the school attendance record or the certificate without proof of the signature or of the official capacity of the person who signed the school attendance record or certificate. 2012 c13 s6 Back to Top Refusal to admit 35.1 (1) Where the superintendent or the director is of the opinion that the presence of a student in a school is detrimental to the physical or mental well-being of the students or staff, the superintendent or director may refuse to admit the student to the school. (2) Where the superintendent or the director refuses to admit a student to a school under subsection (1), the superintendent or director shall (a) notify the student and the student’s parent, in writing, of the refusal and the circumstances giving cause for the refusal; (b) notify the student’s parent or, where the student is 19 years of age or older, the student, of the right to appeal the refusal; and (c) direct the principal of the school to provide alternate delivery of the educational program for the student. (3) The superintendent or the director shall review a decision under subsection (1) at least every 15 days and determine whether the student should be re-admitted to the school. (4) A student who is refused admission to a school under subsection (1) shall not enter the school. 2018 c16 s2 ; 2022 c23 s19 Back to Top Suspension 36. (1) A teacher may suspend a student from a class period in accordance with the regulations or the by-laws of the conseil scolaire. (2) A teacher shall report a suspension of a student to the principal as soon as practicable, but in any event before the end of that school day. (3) A principal may, in accordance with the regulations or the by-laws of the conseil scolaire, suspend a student from (a) one or more class periods; (b) one or more courses or school programs; (c) school; (d) riding on a school bus; and (e) participating in an activity sponsored or approved by the department or the conseil scolaire. (4) A principal may reinstate a student suspended by the principal or a teacher. (5) A period of suspension shall be in accordance with the regulations or by-laws of the conseil scolaire and shall be no longer than 30 school days in total in a school year. (6) Notwithstanding subsection (5), the superintendent or the director may approve the extension of a period of suspension if the principal can demonstrate that the presence of the suspended student in the school threatens the safety of department or conseil scolaire employees or students or frequently and seriously disrupts the classroom or the school. (7) Where a period of suspension is extended under subsection (6), before reinstating the student, the superintendent or the director may require certification from a medical practitioner or other professional whom the superintendent or director considers appropriate, that the student no longer threatens the safety of department or conseil scolaire employees or students. (8) Where a principal suspends a student under paragraph (3 )( b), (c), (d) or (e), the principal shall immediately (a) inform the student's parent of that suspension; (b) report in writing to the student's parent and to the student all the circumstances respecting the suspension; and (c) report in writing to superintendent or, in the case of a French first language school, to the director all the circumstances respecting the suspension. (9) Upon receiving a report from a principal under paragraph (8 )( c), the superintendent or the director, within 3 school days of receiving the report, shall (a) uphold the suspension; (b) alter the terms of the suspension; or (c) cancel the suspension. (10) Where the suspension is cancelled under paragraph (9 )( c) the superintendent or the director may strike the suspension from the student record. 1997 cS-12.2 s36 ; 2022 c23 s20 ; 2023 c18 s18 Back to Top Expulsion 37. (1) Where a student is persistently disobedient or defiant or behaves in a manner that is likely to injuriously affect the proper conduct of the school, the principal shall (a) warn the student and record the date of and reason for the warning; (b) notify the student's parent, in writing, that the student has been warned; (c) send a copy of the notice referred to in paragraph (b) to the superintendent or, in the case of a French first language school, the director; and (d) discuss with the student's parent the circumstances giving cause for the warning. (2) Where, after a reasonable period and consultation with appropriate employees of the department or the conseil scolaire, it is determined that the student has not made a satisfactory effort to reform, the principal shall report in writing to the superintendent or the director and recommend to the superintendent or director that the student be expelled. (3) Prior to the superintendent or the director making an order under subsection (4), the parent or the student, if the student is 19 years of age or older, may make representations to the director. (4) Within 3 school days of receiving a report under subsection (2) the superintendent or the director shall consider the recommendation and shall order that the student be expelled or not be expelled. (5) The expulsion review panel referred to in subsection 39(2) or the conseil scolaire may re-admit a student who has been expelled. (6) Where a student is expelled, the superintendent or the director shall notify the parent or, where the student is 19 years of age or older, the student, of the right to have the expulsion reviewed. 1997 cS-12.2 s37 ; 2022 c23 s21 ; 2023 c18 s19 Back to Top Re-admission 38. A student who has been expelled shall have the right to be re-admitted at the commencement of the next school year. 1997 cS-12.2 s38 Back to Top Review of expulsion 39. (1) Where a student has been expelled under section 37, a parent of the student or, where the student is 19 years of age or older, the student, may, within 15 days of the effective date of the expulsion, make a written request to the department or the conseil scolaire , that the expulsion be reviewed. (2) The minister shall, in accordance with the regulations, appoint a panel of persons to act as an expulsion review panel with respect to schools under the jurisdiction of the department to investigate the circumstances of the expulsion and to make an order upholding or reversing the order to expel the student. (3) A review by the expulsion review panel under subsection (2) shall be made in accordance with the regulations. (4) Where the conseil scolaire receives a request for review under subsection (1), the conseil scolaire shall appoint 3 of its members as a review panel to investigate the circumstances of the expulsion and to make an order upholding or reversing the order to expel the student. (5) An order of the expulsion review panel under subsection (2) or of the conseil scolaire review panel under subsection (4) is binding upon the student, school, department, conseil scolaire and other persons affected by it. 1997 cS-12.2 s39 ; 2023 c18 s20 Back to Top Maintaining standards 40. (1) The minister shall establish a method of monitoring, evaluating, inspecting and reporting to ensure that each school maintains adequate program and school performance standards and may appoint persons to evaluate and report on the performance of schools in the province. (2) The minister shall provide public notice of a report received under subsection (1) and make the report available to the public. 1997 cS-12.2 s40 Back to Top Prohibition 41. A person shall not (a) disturb or interrupt the proceedings of a school, a school council, a conseil d'ecole, the conseil scolaire or the provincial advisory council; (b) loiter or trespass ( i ) in a school building, (ii) on property owned or used by the Crown for primary, elementary or secondary education purposes, or (iii) on property owned or used by the conseil scolaire; or (c) canvass , sell or offer to sell goods, services or merchandise to a teacher or a student in a school without the approval of the school council or the conseil d'ecole, and where there is no school council or conseil d'ecole, of the department or the conseil scolaire. 1997 cS-12.2 s41 ; 2022 c23 s22 ; 2023 c18 s21 Back to Top Corporal punishment 42. A person shall not administer corporal punishment to a student in a school. 1997 cS-12.2 s42 Back to Top Private schools 43. (1) A person may, with the prior written permission of the minister, establish and operate a private school in the province. (2) A person proposing to establish a private school shall provide to the minister (a) the name of the person who will own or operate the private school; (b) the purpose for which the private school is to be established; (c) a description of the classes and education programs to be taught in the private school; and (d) additional information that may be requested by the minister. 1997 cS-12.2 s43 Back to Top Private school requirements 44. Before permission to establish and operate a private school is given, a person shall satisfy the minister that (a) the buildings or premises to be used by the private school are appropriate for use as a school; (b) the courses of instruction to be offered in the private school are as prescribed or approved by the minister; and (c) the teachers to be employed in the private school hold a valid certificate or licence issued under the Teacher Training Act . 1997 cS-12.2 s44 Back to Top Private school inspection 45. (1) The minister may appoint a person to inspect a private school. (2) A person acting under subsection (1) may enter a private school at all reasonable hours and conduct an inspection of the school and all records or documents relating to it. 1997 cS-12.2 s45 Back to Top Private school revocation 46.

The minister may revoke or suspend permission to establish or operate a private school where, in the opinion of the minister, that private school does not comply with the requirements of this Act. 1997 cS-12.2 s46 ; 2022 c23 s23 Back to Top Private school report 47. (1) The person in charge of a private school shall annually make a report to the minister furnishing the statistical information regarding enrolment, staff, courses of study and other information that the minister may require. (2) A private school approved by the minister shall inform the minister before July 1 of each school year of an intention to vary or change a program in that school. 1997 cS-12.2 s47 Back to Top Private school operation 48. (1) A person shall establish and operate a private school in accordance with terms and conditions set by the minister. (2) Where a private school is the only school available for students of particular grades, the sections of this Act relating to the responsibility of the department, the conseil scolaire, parents, principals, teachers and students shall, with the necessary changes, apply as if it were not a private school. (3) Students attending a private school shall be subject to provincial testing programs required by the minister or under this Act. 1997 cS-12.2 s48 ; 2023 c18 s22 Back to Top Offence 49. (1) A person who (a) establishes or operates a private school without the written permission of the minister; (b) operates a private school where permission of the minister has been revoked or suspended under section 46; or ( c ) contravenes a provision of this Act respecting private schools, is guilty of an offence and liable on summary conviction to a fine not exceeding $1,000 and in default of payment to imprisonment for a term not exceeding 3 months or to both a fine and imprisonment. (2) A conviction under this section does not bar further prosecution for the continued contravention of this section and each day's continued contravention shall constitute a separate offence. 1997 cS-12.2 s49 Back to Top Provincial schools 50. (1) The minister may establish and operate a provincial school. (2) A provincial school may be operated by the department separately, or by, with or for another department of government, the conseil scolaire or an organization approved by the minister. (3) The cost of the establishment and operation of a provincial school shall be paid by money voted for that purpose by the Legislature. 1997 cS-12.2 s50 ; 2023 c18 s23 Back to Top Schools in institutions 51. (1) The minister may, where the minister considers it necessary, establish a school in a hospital or similar institution operated by or for the minister responsible for health and in a prison or similar institution operated by the minister responsible for justice. (2) A school established under subsection (1) shall be administered as directed by the minister. (3) The opinion of the minister as to what is a similar institution is conclusive for the purpose of this section. 1997 cS-12.2 s51 ; 2022 c23 s24 Back to Top Foreign schools 51.1 The minister may enter into an agreement providing for (a) recognition by the province of credits given by schools located outside Canada ; (b) the granting of a secondary school diploma by the province to persons who have attended a school located outside Canada ; (c) minimum standards for the operation of schools referred to in paragraphs (a) and (b) and the inspection of those schools; and (d) other matters necessary for the purpose of paragraphs (a) and (b). 2000 c32 s1 PART III.1 POWERS AND DUTIES OF THE DEPARTMENT Back to Top Crown successor 51.2 (1) The school board of the Newfoundland and Labrador English School District, as constituted immediately before the coming into force of this section, is dissolved. (2) The Crown is the successor in law to the school board of the Newfoundland and Labrador English School District and (a) al l agreements, contracts, debts, liabilities and other obligations of the school board of the Newfoundland and Labrador English School District are assumed by the Crown and the Crown shall fulfil and satisfy all those agreements, contracts, debts, liabilities and other obligations; (b) the Crown is substituted for the school board of the Newfoundland and Labrador English School District in respect of employment contracts held by the school board of the Newfoundland and Labrador English School District at the time this section comes into force; and (c) title to all real and personal property of the school board of the Newfoundland and Labrador English School District is vested in the Crown, and, for all real and personal property held or used for the purpose of education by the school board of the Newfoundland and Labrador English School District, the Crown is substituted for the school board of the Newfoundland and Labrador English School District in respect of an entitlement, interest, instrument, deed, contract, agreement or other document held by the school board of the Newfoundland and Labrador English School District with respect to that property. 2023 c18 s24 Back to Top Duties of department 51.3 (1) The department shall, with respect to schools under its jurisdiction, (a) organize and administer primary, elementary and secondary education; (b) provide for the instruction of students either by the establishment of a program in its schools or by making an arrangement with another educational body in Canada; (c) determine policy for the effective operation of primary, elementary and secondary schools; (d) promote a safe and caring learning environment for schools; (e) ensure adequate supervision of all students enrolled in its schools during the period for which the department is responsible for those students; (f) formulate policies for evaluating employees; (g) ensure that the programs or courses of study and the materials prescribed or approved by the minister are followed; (h) ensure that each school maintains adequate program and performance standards; ( i ) establish policies for student evaluation and student promotion; (j) make known to the public and enlist the support of the public for policies and programs; (k) where the department considers it necessary, arrange for a system of transportation of students to and from schools; (l) where arrangements are made by it for the transportation of students, ensure that ( i ) all vehicles engaged in carrying students to and from school are in good mechanical condition and have adequate liability insurance, and (ii) an appropriate bus safety program is offered to students who are transported by bus; (m) admit to a school, at all reasonable times and subject to the terms of an agreement between it and the university offering the program, a student enrolled in a teacher training program for the purpose of observation and the practice of teaching; (n) admit to a school, at all reasonable times and subject to the terms of an agreement between it and a college or institute offering the program, a student enrolled in an education-related training program approved by the minister for the purpose of observation and activities associated with the student's program; (o) organize and administer a school in an institution, where directed to do so by the minister; (p) establish policies respecting the periods during which teachers are required to be in school under section 31; and (q) establish policies respecting the imposition of a levy by a school council. (2) The department shall publish policies established under subsection (1) on the website of the department. 2023 c18 s24 Back to Top Powers of department 51.4 (1) The department may, with respect to schools under its jurisdiction, (a) permit a school building to be used outside of school hours, where this does not interfere with the regular conduct of the school; (b) charge a person or group a fee for use of a school under paragraph (a); (c) require a student, believed by a teacher to be suffering from a communicable disease or a physical or mental health condition which might endanger an employee or other students, to be examined by a medical practitioner or other professional appointed or approved by the department and, upon the recommendation of the medical practitioner or that other professional, exclude that student from school until a certificate acceptable to the department is obtained from a medical practitioner or that other professional permitting that student to return to school, but an exclusion or extension of an exclusion shall be reviewed by the department within 25 school days; (d) by notice, in writing, require an employee to undergo an examination or assessment the department considers necessary, as arranged or approved by the department, and to submit a certificate acceptable to the department signed by the medical practitioner, registered psychologist or other professional approved by the department setting out the conclusions regarding the examination or assessment; (e) summarily dismiss an employee who within 14 days from the date of receiving a notice under paragraph (d) has not made a reasonable attempt to obtain the examination or assessment; (f) where a certificate submitted to the department under paragraph (d) shows that an employee's physical or mental health would be injurious to an employee or students, direct the employee to take sick leave or other earned leave or, where the employee has no sick leave or other earned leave or the sick leave or other earned leave is exhausted, require the employee to take unpaid leave; (g) suspend from work, with or without pay, an employee who is charged with an offence that in the opinion of the department would make that employee unsuitable to perform the employee's duties; (h) provide, subject to the written permission of the parent of the student concerned and in conjunction with the appropriate officials responsible for traffic control in the area, a system of school patrols in which a student may assist in the control of motor vehicle traffic on highways or elsewhere so far as the traffic may affect a student going to or from the school; and (i) levy a fee for the transportation of students. (2) Notwithstanding subsection (1) and section 51.3, the department may close a school only after the parents of students affected have been given an opportunity to make representations to the department. 2023 c18 s24 Back to Top Additional resources for certain schools 51.5 (1) The department may establish, maintain and operate a school where the school provides programs or courses of study that satisfy the minimum requirements as approved by the minister. (2) The minister shall determine and, by order, specify a school that is a small school, and the grades which may be taught in that school, in which the requirements of subsection (1) cannot be met, but the school shall be maintained and operated because of isolation or because the students cannot reasonably be accommodated in another school. (3) A school specified in an order under subsection (2) shall receive an allocation of resources, as approved by the minister, additional to the allocation of resources provided for schools not specified in the order under subsection (2). (4) The department shall ensure that an additional allocation received under subsection (3) for a school is used in that school. 2023 c18 s24 Back to Top Zoning 51.6 (1) The department may establish an attendance zone for each school under its jurisdiction and each student who resides in that zone shall attend a school specified for that attendance zone. (2) Notwithstanding subsection (1), the department may permit a student who resides in one attendance zone to attend a school in another attendance zone. 2023 c18 s24 Back to Top Superindentent and senior management officials 51.7 (1) The assistant deputy minister responsible for the public schools branch of the department shall be the superintendent of schools and shall exercise the powers and perform the duties of the superintendent established in this Act and the regulations. (2) Where there is no superintendent or the superintendent is absent or unable to act, the minister may delegate to an employee of the department the duties and responsibilities of the superintendent under this Act and the regulations. (3) The minister may designate employees of the department that the minister considers necessary as senior management officials to carry out the duties and responsibilities and exercise the powers of the department under this Act and the regulations. 2023 c18 s24 Back to Top Duties of superindendent 51.8 (1) The superintendent shall, with respect to schools under the jurisdiction of the department, (a) administer, supervise and evaluate all education programs and services for the operation of schools; (b) determine, in accordance with this Act, the school that a student shall attend; (c) promote a safe and caring learning environment for schools; (d) supervise all schools, property, teachers, and other employees of the department in schools and visit each school at least once in each school year; and (e) perform other duties required under this Act and the regulations. (2) Notwithstanding paragraph (1 )( d), the superintendent may designate a person to visit a school on the superintendent's behalf. 2023 c18 s24 Back to Top Suspension by superindendent 51.9 Where the superintendent is of the opinion that the presence of an employee is an immediate threat to the welfare of students or an employee of the department, the superintendent may suspend that employee, with or without pay, from the performance of the employee's duties. 2023 c18 s24 Back to Top Medical certificate 51.10 (1) An employee who has been dismissed under paragraph 51.4(1 )( e) shall not accept a position with the conseil scolaire or a private school until a certificate of a medical practitioner, a registered psychologist or other professional approved by the department as to the employee's physical or mental health, has been submitted to, and considered acceptable by the department. (2) An employee required to take leave under paragraph 51.4(1)(f) shall not return to work until the employee delivers to the department a certificate acceptable to the department signed by the medical practitioner, registered psychologist or other professional approved by the department stating that the employee has recovered sufficiently to return to work. 2023 c18 s24 Back to Top Property 51.11 (1) All real and personal property used for the purpose of education by a school board immediately before the former section 84 came into force shall continue to be used for the purpose of education by the department. (2) The use of all real and personal property by the department under subsection (1) shall be without compensation to the person or association of persons in which the title to the property is vested. (3) Where title to property used for the purpose of education by the department is vested in a denominational authority immediately before the former section 84 came into force, and no property, or funds for the purchase, construction or maintenance of the property, have been provided by a religious denomination, that denominational authority shall transfer that title to the Crown, and the cost of the transfer of title shall be paid by the Crown. (4) Where property used for the purpose of education by the department, or funds for the purchase, construction or maintenance of that property, have been provided by a religious denomination and title to the property is vested in a denominational authority, that denominational authority shall, as soon as practicable, enter into an agreement with the Crown relating to (a) all matters necessary for the Crown to manage, maintain, use, equip and improve the property while the property is required by the department for the purpose of education; and (b) disposition of the property, where the department no longer requires the property for an educational purpose. (5) A denominational authority that holds title to property that is being used by the department for the purpose of education and intends to convey that property to a person, other than the Crown or another denominational authority, shall first (a) provide to the Crown all financial records relating to the provision of property or funds by the denominational authority for the purchase, construction or improvement of the property; and (b) enter into an agreement with the Crown under subsection (4), where the denominational authority has not already done so. (6) Where a denominational authority fails to comply with the requirements of paragraph (5)(a), there shall be no final disposition of the property notwithstanding that it is no longer required by the department for the purpose of education, except where the minister has dispensed with this requirement. (7) Where a denominational authority has conveyed property to a person, other than the Crown or a denominational authority without first satisfying the requirement of paragraph (5 )( b), the purchaser of the property and a subsequent purchaser shall be bound by terms and conditions specified in the regulations. (8) Where an agreement under subsection (4) has been entered into, a person who purchases property from a denominational authority under a conveyance referred to in subsection (5), including a subsequent purchaser, shall be bound by the terms and conditions of that agreement as if it were the denominational authority except as otherwise provided in the regulations, whether or not the agreement has been assigned or transferred by the denominational authority and notwithstanding any agreement, declaration, waiver, representation or statement to the contrary made in association with the conveyance. (9) Where property used for the purpose of education by the department, or funds for the purchase, construction or maintenance of that property, have been provided by a religious denomination and title to the property is vested in the Crown, the Crown shall, as soon as practicable, enter into an agreement with the denominational authority that held title prior to the vesting of title in the Crown relating to the disposition of the property, where the department no longer requires the property for an educational purpose. (10) The minister shall establish a procedure for the resolution of an agreement (a) if an agreement referred to in subsection (4) has not been entered into within 12 months of the coming into force of the former section 84, as it existed before the coming into force of this section; and (b) if an agreement referred to in subsection (9) has not been entered into as soon as practicable. (11) An agreement under this section is of no effect until it is approved in writing by the minister. (12) In this section and sections 51.14 and 110.5, "denominational authority" means (a) an integrating denomination or a person, an organization or a corporation on behalf of an integrating denomination under article 12 of the Document of Integration entered into by the Diocesan Synod of Newfoundland, the Newfoundland Conference of the United Church of Canada, the Territorial Commander for the Salvation Army for Canada and the Newfoundland Presbytery of the Presbyterian Church in Canada; (b) a Roman Catholic Episcopal corporation; (c) the Pentecostal Assemblies of Newfoundland and Labrador; and (d) includes another denominational group holding title to property used for the purpose of education. (13) In this section, "former section 84" means section 84 of this Act as it existed immediately before the coming into force of this section. 2023 c18 s24 Back to Top Shared facilities 51.12 (1) The department may enter into an agreement with a person or group of persons for the construction and shared use of a school building or a building to be primarily used as a school. (2) Unless otherwise approved in writing by the minister, the title to all real property acquired under subsection (1) shall be vested in the Crown. 2023 c18 s24 Back to Top School generated funds 51.13 (1) In this section, "school generated funds" means (a) a fee referred to in subsection 13(2); (b) a levy approved under subsection 26(4); (c) a fee assessed under paragraph 51.4(1)(b) or ( i ); (d) proceeds from fundraising, food service commissions or school-sponsored events; (e) donations made to a school; (f) special purpose grants awarded at the school level; (g) other funds as prescribed in regulations; and (h) interest earned on funds described in paragraphs (a) to (g). (2) Funds held by a school on the date this section comes into force shall be considered to be school generated funds. (3) School generated funds shall be administered and maintained in accordance with the regulations. (4) School generated funds shall, for the purpose of section 22 of the Financial Administration Act , be considered to be received for a special purpose as prescribed in the regulations. 2023 c18 s24 Back to Top Title to school land 51.14 (1) Money shall not be paid for the construction or extension of a school where the Crown does not have title to the land on which that construction or extension is to occur. (2) Notwithstanding subsection (1), money may be paid for the construction or extension of a school, where title to the land is vested in a denominational authority, in accordance with an agreement entered into under section 51.11. (3) The minister shall not pay money for the construction or extension of a school unless (a) the land has been approved by the appropriate government department or agency; and (b) the construction or extension is planned in accordance with all applicable building standards and the school planning manual approved by the minister, and the building plans and the site have been approved by an official of the department designated for the purpose by the minister. (4) In addition to the requirements of subsection (3), the minister may require that the plans be developed and funding identified for landscaping of the land, including the provision of a playground area. 2023 c18 s24 PART IV SCHOOL BOARDS Back to Top Rep. by 2023 c18 s25 52. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 53. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2022 c23 s26 54. [Rep. by 2022 c23 s26] 2022 c23 s26 Back to Top Rep. by 2001 c14 s1 55. [Rep. by 2001 c14 s1] 2001 c14 s1 Back to Top Rep. by 2023 c18 s25 56. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 57. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2022 c23 s27 58. [Rep. by 2022 c23 s27] 2022 c23 s27 Back to Top Rep. by 2022 c23 s27 59. [Rep. by 2022 c23 s27] 2022 c23 s27 Rep. by 2022 c23 s27 59.1 [Rep. by 2022 c23 s27] 2022 c23 s27 Back to Top Rep. by 2023 c18 s25 60. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 61. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 62. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 63. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 64. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 65. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 66. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 67. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 68. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 69. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 70. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 71. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 72. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 73. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 74. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 75. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 76. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 77. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 78. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 79. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 80. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 81. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 82. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 83. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 84. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 85. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 86. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 87. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 88. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 89. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 90. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 91. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 92. [Rep. by 2023 c18 s25] 2023 c18 s25 Back to Top Rep. by 2023 c18 s25 93. [Rep. by 2023 c18 s25] 2023 c18 s25 PART V FRENCH FIRST LANGUAGE SCHOOLS Back to Top Conseil scolaire 94. (1) A conseil scolaire francophone provincial shall be elected for the province. (2) The conseil scolaire is a corporation. (3) The conseil scolaire shall operate in the French language and may as necessary communicate in the English language. 1997 cS-12.2 s94 Back to Top Composition of conseil scolaire 95. (1) The conseil scolaire shall be elected at the time and in the manner directed by the minister subject to the approval of the Lieutenant-Governor in Council, or at the time the minister directs on the recommendation of the conseil scolaire . (2) Notwithstanding subsection (1), (a) employees of the conseil scolaire ; (b) a person who has a contract with, or an interest in a contract with, the conseil scolaire ; and (c) unless prior written approval is given by the minister, employees of the department of the government responsible for education are not eligible for election to the conseil scolaire . (3) The number of trustees to be elected, not exceeding 12, shall be set and may be changed by order of the minister on the recommendation of the conseil scolaire . (4) [Rep. by 2022 c23 s44] (5) [Rep. by 2016 c35 s2] (6) Where fewer trustees are elected to the conseil scolaire than the number required by an order made under subsection (3), the Lieutenant-Governor in Council shall appoint those trustees necessary in order to satisfy the order. (7) The trustees shall elect from among their members a chairperson and other officers, and the chairperson shall hold office until the next annual general meeting of the conseil scolaire . (8) The chairperson, or in the chairperson's absence, the vice-chairperson or a chairperson elected for that meeting shall preside over meetings of the conseil scolaire and of the executive committee and shall have the same right to vote as other trustees. (9) Where a vote is tied, the question shall be considered as resolved in the negative. 1997 cS-12.2 s95 ; 2016 c35 s2 ; 2022 c23 s44 Back to Top Zones 95.1 For the purpose of ensuring that all parts of the province are represented by trustees, the conseil scolaire shall divide the province into 2 or more zones and shall define the boundaries of those zones. 2016 c35 s3 Back to Top Vacancy 95.2 Where a vacancy of a trustee position exists or where a trustee no longer resides in the zone for which the trustee was elected, or the trustee is absent from 3 consecutive meetings of the conseil scolaire without good reason the conseil scolaire shall inform the minister who shall declare that position vacant. 2016 c35 s3 ; 2022 c23 s45 Back to Top Conseil scolaire to adopt constitution 95.3 (1) The conseil scolaire shall adopt a constitution regarding its duties and responsibilities but the constitution and an amendment to the constitution shall not come into force until approved by the minister. (2) The constitution under subsection (1) shall include provisions respecting (a) the appointment or selection of a chairperson and other officers of the conseil scolaire ; (b) the date of the annual meeting of the conseil scolaire ; (c) a description of the zones established under section 95.1; (d) the appointment or selection of committees considered necessary to the proper functioning of the conseil scolaire ; and (e) duties of the officers and committees of the conseil scolaire additional to those duties specified in this Act. (3) Unless otherwise provided by the constitution of the conseil scolaire , a majority of the trustees of the conseil scolaire constitutes a quorum. 2022 c23 s46 Back to Top Executive committee 95.4 (1) The conseil scolaire shall establish an executive committee composed of (a) the chairperson of the conseil scolaire ; and (b) the trustees elected to the executive committee by the trustees. (2) The executive committee of the conseil scolaire shall act in the place of and manage the affairs of the conseil scolaire between regular meetings of the conseil scolaire and may , except where directed otherwise by the conseil scolaire and, in accordance with by-laws of the conseil scolaire , exercise the powers and duties of the conseil scolaire . (3) A quorum of the executive committee shall be a majority of the members of the executive committee. (4) All actions of the executive committee carried out under subsection (2) shall be reported to the conseil scolaire at the next regular meeting of the conseil scolaire . 2023 c18 s26 Back to Top Dissolution of conseil scolaire 95.5 (1) The Lieutenant-Governor in Council may by order dissolve a conseil scolaire on a specified date and the conseil scolaire shall be considered to be dissolved on that date. (2) Where a conseil scolaire is dissolved under this section and there is no successor conseil scolaire , all debts and liabilities of the conseil scolaire shall be paid and discharged before that dissolution. (3) Where a conseil scolaire is dissolved under this section and there is no successor conseil scolaire and all debts and liabilities of the dissolved conseil scolaire are paid and discharged, surplus funds and real and personal property vested in or used by that conseil scolaire shall, subject to an agreement referred to in section 51.11, vest in the Crown. (4) Where a conseil scolaire is dissolved under this section and there is no successor conseil scolaire and there is a dispute as to the disposition of property vested in or used by the dissolved conseil scolaire , the minister may, subject to an agreement referred to in section 51.11, direct the disposition or dispose of the property. (5) Where a conseil scolaire is dissolved under this section and there is a successor conseil scolaire , the successor conseil scolaire is the successor in law of the dissolved conseil scolaire and (a) all agreements, contracts, debts, liabilities and other obligations of that dissolved conseil scolaire are assumed by the successor conseil scolaire and the successor conseil scolaire shall fulfil and satisfy all those agreements, contracts, debts, liabilities and other obligations; (b) the successor conseil scolaire is substituted for the dissolved conseil scolaire in respect of an employment contract held by the dissolved conseil scolaire on its dissolution; and (c) title to all real and personal property of a dissolved conseil scolaire is vested in the successor conseil scolaire , and, for all real and personal property held or used for the purpose of education by a dissolved conseil scolaire , the successor conseil scolaire is substituted for the dissolved conseil scolaire in respect of an entitlement, interest, instrument, deed, contract, agreement or other document held by the dissolved conseil scolaire with respect to that property. (6) Where there is a dispute as to which conseil scolaire is the successor to a conseil scolaire that has been dissolved and there is a dispute as to which conseil scolaire is the successor conseil scolaire respecting the (a) assumption of an agreement, contract, debt, liability or other obligation under paragraph (5)(a); or (b) substitution for the dissolved conseil scolaire with respect to an employment contract under paragraph (5)(b), the minister shall make an order determining the matter and that order shall be final. 2023 c18 s26 Back to Top Replacement of trustees 96. (1) Where (a) all the trustees of the conseil scolaire are dismissed; (b) a trustee position is vacant; or (c) the conseil scolaire does not have a sufficient number of trustees for a quorum, the Lieutenant-Governor in Council shall (d) appoint the conseil scolaire or a trustee; or (e) order that there be an election of the conseil scolaire or of a trustee. (2) Section 95 applies, with the necessary changes, to the appointment or election of the conseil scolaire or of a trustee under this section. 2016 c35 s4 Back to Top Closed meeting 96.1 A meeting of the conseil scolaire is open to the public unless it is declared by vote of the trustees to be a closed meeting from which members of the public shall be excluded. 2023 c18 s27 Back to Top Minutes 96.2 (1) The conseil scolaire and the executive committee of the conseil scolaire shall keep minutes of its proceedings and the minutes shall at all reasonable times be available for inspection by an official of the department designated by the minister, and on request, to members of the public. (2) Notwithstanding subsection (1), the minutes of a closed meeting shall not be available to the public. 2023 c18 s27 Back to Top Meetings and business 96.3 (1) The conseil scolaire shall hold an annual meeting on the date specified in its by-laws, and in any event not later than November 30. (2) The conseil scolaire shall hold meetings to transact the business of the conseil scolaire not less than 4 times per year. (3) A special meeting of the conseil scolaire may be held at the request of the chairperson, and shall be called when a written application, specifying the purpose of the proposed meeting, is made to the chairperson by a majority of the trustees and business shall not be transacted at a special meeting other than business for which the meeting was called. (4) A trustee shall be given at least 4 days' notice, in writing, of the business to be transacted at a regular meeting. (5) Members of the conseil scolaire shall serve without remuneration but may be reimbursed by the conseil scolaire at a rate set in a policy directive of the minister for travelling and other expenses reasonably incurred in connection with the work of the conseil scolaire . 2023 c18 s27 Back to Top Execution of documents 96.4 (1) The conseil scolaire shall by resolution, certified by the chairperson or other person approved by the conseil scolaire , determine those trustees who shall execute all deeds and other documents on behalf of the conseil scolaire . (2) The conseil scolaire shall by resolution, certified by the chairperson or other person approved by the conseil scolaire , appoint a person or persons as signing officers with respect to the signing of cheques and other daily transactions of the conseil scolaire . 2023 c18 s27 Back to Top Annual budget 96.5 (1) The conseil scolaire shall at a date that the minister may determine in each year submit to the minister a copy of its annual budget for the next fiscal year. (2) The annual budget submitted to the minister under subsection (1) shall provide (a) detailed estimates of operating expenses of the conseil scolaire for the next fiscal year; (b) detailed estimates of revenue of the conseil scolaire for the next fiscal year from all sources; (c) estimates of a surplus projected to accrue to the conseil scolaire in the current fiscal year; and (d) other information that may be required by the minister. (3) The conseil scolaire shall not, in a fiscal year, incur, contract for or become liable for an expenditure or debt (a) unless the annual fiscal budget for that fiscal year has first been approved, in writing, by the minister; and ( b ) that is more than the estimated expenditures or debt set out in its annual budget or substantially changes the manner in which an expenditure will be made, except with the prior written approval of the minister. (4) The minister may appoint a person to examine the books of account and other financial records of the conseil scolaire and, at the request of that person, the conseil scolaire shall provide the person with its books of account and other financial records and an officer or employee of the conseil scolaire shall answer questions pertaining to them and provide other assistance that the person may request. 2023 c18 s27 Back to Top Accounts and audits 96.6 (1) The conseil scolaire shall keep an accurate record of all receipts and expenditures and ensure that all funds received from the Crown are expended only for the purpose for which they are provided and prepare and submit to the minister at the end of each school year a detailed statement of its accounts audited by a person licensed as a public accountant under the Chartered Professional Accountants and Public Accountants Act in the form and at a time that the minister may require. (2) The auditor shall, during the course of each audit, inspect the bonds entered into with respect to the conseil scolaire and report on their sufficiency to the minister. (3) Where the conseil scolaire does not transmit to the minister the statement of accounts referred to in subsection (1), the minister may withhold further payment of funds until statements of account satisfactory to the minister have been provided. 2023 c18 s27 Back to Top Audit directed by minister 96.7 (1) Where an audit under section 96.6 has not been conducted to the satisfaction of the minister, the minister may direct in writing that the accounts of the conseil scolaire be audited by an auditor designated by the minister, and that auditor shall report on the audit to the minister. (2) The conseil scolaire shall, when requested, provide to a person conducting an audit under section 96.6 or subsection (1), all account books, accounts, supporting documents and other information necessary to complete the audit. (3) A trustee who refuses to provide a book, account or information in the trustee's possession which is necessary for an audit may be removed from office by the Lieutenant-Governor in Council. (4) Where an audit shows that funds are not being expended in accordance with this Act, the minister may withhold further payments of funds until this Act is complied with. 2023 c18 s27 Back to Top Conflict of interest 96.8 (1) A trustee has a conflict of interest and shall not vote or speak on a matter before the conseil scolaire or a committee of the conseil scolaire where (a) the trustee or a relative of the trustee has a direct or indirect monetary or other interest in the matter; or (b) the trustee is an officer, employee or agent of an incorporated or unincorporated company, or other association of persons, that has a direct or indirect monetary or other interest in that matter. (2) A trustee with a conflict of interest under subsection (1) shall not enter into a contract with the conseil scolaire . (3) For the purpose of subsection (1), a relative of a trustee means (a) a parent, step-parent, spouse, sibling, step-sibling, child, step-child, parent-in-law or sibling-in-law; or (b) a person not referred to in paragraph (a) who resides with the trustee. (4) In order for an interest to be considered as one falling within the prohibition set out in subsection (1) it shall be an interest distinct from an interest held in common with the electors of the conseil scolaire . (5) Notwithstanding subsection (1), a trustee does not have a conflict of interest by reason only that a relative of the trustee is enrolled in a school affected by a conseil scolaire decision. (6) For the purpose of subsection (5), a relative of a trustee means, in addition to the persons referred to in subsection (3), a grandchild of the trustee or the trustee's spouse, a child of the trustee's sibling or step-sibling or a child of the trustee's spouse's sibling. 2023 c18 s27 Back to Top Disclosure 96.9 (1) Where a trustee has a conflict of interest under section 96.8, the trustee shall state the nature of the conflict of interest at the beginning of discussion on the matter in which the trustee has that conflict of interest. (2) W here the trustee who declares a conflict of interest under subsection (1) is the chairperson, the trustee shall vacate the chair for the discussion of the matter in which the conflict of interest exists. (3) A trustee who declares a conflict of interest under subsection (1) shall leave the meeting while the matter on which the trustee has a conflict of interest is being discussed. (4) A trustee who is in doubt as to whether or not the trustee has a conflict of interest under section 96.8 shall disclose that interest to the conseil scolaire and the conseil scolaire may decide the question by majority vote and its decision on the matter is final. 2023 c18 s27 Back to Top Proceeding voidable 96.10 The failure of a person to comply with the requirements of section 96.9 does not invalidate a proceeding of the conseil scolaire , but the proceeding is voidable by the conseil scolaire before the expiration of 2 years from the date of the passing of the resolution or by-law in respect of which the failure occurred, unless to invalidate the proceeding would adversely affect the rights of another person who acquired those rights under the proceeding and who acted in good faith and without actual notice of the failure to comply with section 96.9. 2023 c18 s27 Back to Top Application to Supreme Court 96.11 (1) A person may, within 6 weeks of learning that a trustee may have contravened section 96.8, apply to a judge of the Supreme Court to determine if the trustee has contravened section 96.8. (2) The applicant shall state the grounds for alleging a contravention of section 96.8 by the trustee. (3) An application shall not be brought under subsection (1) after the expiration of 2 years from the time at which the contravention is alleged to have occurred. 2023 c18 s27 Back to Top Conflict of interest remedy 96.12 (1) Where a judge of the Supreme Court determines that a trustee contravened section 96.8, the judge (a) shall , in the case of a person currently holding office as a trustee, declare the office of the trustee vacant; and (b) may , where the contravention has resulted in financial gain to the trustee, require the trustee to make restitution to the person suffering the loss or, where that person is not readily ascertainable, to the conseil scolaire of which the trustee is a current or former trustee. (2) Notwithstanding paragraph (1)(a), w here a judge of the Supreme Court determines that a trustee contravened section 96.8, but was acting in good faith, the office of the trustee shall not be declared vacant under paragraph (1)(a). 2023 c18 s27 Back to Top Irregular management of affairs 96.13 (1) Where the minister is satisfied that the affairs of the conseil scolaire are managed in an irregular, improper or improvident manner, the minister may by order in writing direct the conseil scolaire or a trustee of the conseil scolaire to take action that the minister considers necessary or advisable in the circumstances. (2) Where satisfied that the affairs of the conseil scolaire are managed in an irregular, improper or improvident manner the Lieutenant-Governor in Council may dismiss one or more of the trustees of the conseil scolaire . 2023 c18 s27 Back to Top By-laws 96.14 (1) The conseil scolaire shall adopt by-laws respecting (a) the procedure for an appeal under section 22; (b) the periods during which teachers are required to be in school under section 31; (c) the suspension of students under section 36; (d) the calling and conduct of meetings of the conseil scolaire and the administration and business of the conseil scolaire ; and (e) the imposition of a levy by a conseil d'ecole . (2) The conseil scolaire may make by-laws that are not inconsistent with this Act and that are necessary or desirable to carry out its powers and duties under this Act. (3) A by-law of the conseil scolaire shall not come into force until approved by the minister. 2023 c18 s27 Back to Top Duties of conseil scolaire 97. (1) The conseil scolaire shall (a) organize and administer primary, elementary and secondary education; (b) provide for the instruction of students either by the establishment of a program in its schools or by making an arrangement with another educational body in Canada; (c) determine policy for the effective operation of primary, elementary and secondary schools; (d) promote a safe and caring learning environment for schools; (e) ensure that policies and guidelines issued by the minister relating to special education for students are followed in schools; (f) ensure adequate supervision of all students enrolled in its schools during the period for which the conseil scolaire is responsible for those students; (g) develop a policy on employment equity and a plan for implementing the policy; (h) appoint and dismiss employees; ( i ) appoint and assign duties of teachers; (j) adopt personnel policies which shall follow the personnel administration procedures of the government of the province, with the necessary changes, unless other policies are approved, in writing, by the minister; (k) formulate policies for evaluating employees; (l) arrange for the bonding of the assistant director of finance and business administration and other persons employed by the conseil scolaire whose duties include the collecting, receiving or depositing of money belonging to the conseil scolaire ; (m) purchase or otherwise acquire, subject to the prior written approval of the minister, real property that it requires; (n) ensure that the programs or courses of study and the materials prescribed or approved by the minister are followed; (o) ensure that each school maintains adequate program and performance standards; (p) establish policies for student evaluation and student promotion; (q) establish priorities for school construction, maintenance and repair and make recommendations to the minister; (r) make known to the public and enlist the support of the public for conseil scolaire policies and programs; (s) transmit to the minister all records and returns required by this Act and other reports and returns that the minister may require; (t) where the conseil scolaire considers it necessary, arrange for a system of transportation of students to and from schools; (u) where arrangements are made by it for the transportation of students, ensure that ( i ) all vehicles engaged in carrying students to and from school are i n good mechanical condition and hav e adequate liability insurance, and (ii) an appropriate bus safety program is offered to students who are transported by bus; (v) insure and keep insured all its buildings and equipment and obtain insurance indemnifying it against liability in respect of a claim for damages or personal injury; (w) admit to a school under its control, at all reasonable times and subject to the terms of an agreement between it and a college or institute offering the program, a student enrolled in an education-related training program approved by the minister for the purpose of observation and activities associated with the student's program; (x) organize and administer a school in an institution, where directed to do so by the minister; (y) comply with a policy directive of the minister;

and (z) immediately inform the minister in writing of a vacancy in the position of director or assistant director. (1.1) Notwithstanding paragraph (1 )( h), an emergency supply shall not be employed or appointed to teach without the permission of the minister. (1.2) The conseil scolaire shall be responsible to the minister for the expenditure of public funds, the conduct of programs of instruction and evaluation required by the minister and for the maintenance of adequate program and performance standards in schools under its jurisdiction. (2) The conseil scolaire shall consult with the voting members of a conseil d'ecole on the operation of a school for which the conseil d'ecole is responsible, including the assignment of teachers and other staff. (3) [Rep. by 2023 c18 s28] (4) [Rep. by 2023 c18 s28] 1997 cS-12.2 s97 ; 2022 c23 s47 ; 2023 c18 s28 Back to Top Powers of conseil scolaire 98. (1) The conseil scolaire may (a) employ persons that the conseil scolaire considers necessary for its operations and to carry out its objects; (b) enter into agreements for the purpose of carrying out its functions under this Act; (c) permit a school building to be used outside of school hours, where this does not interfere with the regular conduct of the school; (d) charge a person or group a fee for use of a school under paragraph (c); (e) require a student, believed by a teacher to be suffering from a communicable disease or a physical or mental health condition which might endanger an employee of the conseil scolaire or other students, to be examined by a medical practitioner or other professional appointed or approved by the conseil scolaire and, upon the recommendation of the medical practitioner or that other professional, exclude that student from school until a certificate acceptable to the conseil scolaire is obtained from a medical practitioner or that other professional permitting that student to return to school, but an exclusion or extension of an exclusion shall be reviewed by the conseil scolaire within 25 school days; (f) by notice, in writing, require an employee to undergo an examination or assessment the conseil scolaire considers necessary, as arranged and approved by the conseil scolaire , and to submit a certificate acceptable to the conseil scolaire signed by the medical practitioner, registered psychologist or other professional approved by the conseil scolaire setting out the conclusions regarding the examination or assessment; (g) summarily dismiss an employee who within 14 days from the date of receiving a notice under paragraph (f) has not made a reasonable attempt to obtain the examination or assessment; (h) where a certificate submitted to the conseil scolaire under paragraph (f) shows that an employee's physical or mental health would be injurious to an employee of the conseil scolaire or students, direct the employee to take sick leave or other earned leave or, where the employee has no sick leave or other earned leave or the sick leave or other earned leave is exhausted, require the employee to take unpaid leave; ( i ) suspend from work, with or without pay, an employee who is charged with an offence that in the opinion of the conseil scolaire would make that employee unsuitable to perform the employee's duties; (j) provide, subject to the written permission of the parent of the student concerned and in conjunction with the appropriate officials responsible for traffic control in the area, a system of school patrols in which a student may assist in the control of motor vehicle traffic on highways or elsewhere so far as the traffic may affect a student going to or from the school; (k) r aise money, subject to the prior written approval of the minister, upon its corporate credit and for the purpose of the conseil scolaire ; (l) sell or lease property for the purpose of the conseil scolaire , subject to the prior written approval of the minister; and (m) l evy a fee for the transportation of students. (1.1) Notwithstanding section 97 or subsection (1), the conseil scolaire may close a school only after the parents of students affected have been given an opportunity to make representations to the conseil scolaire . (1.2) In addition to the powers referenced in subsection (1), the conseil scolaire may make recommendations under subsection 95(3), section 100, and subsections 102(2), 102(8), 102(10) and 114(3). (2) The conseil scolaire may, subject to the approval of the minister, establish procedures for and conduct elections to the conseils d'ecole . 1997 cS-12.2 s98 ; 2016 c35 s5 ; 2023 c18 s29 Back to Top French first language schools 99. (1) The conseil scolaire may establish, maintain and operate a French first language school where the school provides programs or courses of study that satisfy the minimum requirements as approved by the minister. (2) A French first language school shall receive an allocation of resources as approved by the minister. 1997 cS-12.2 s99 Back to Top Building funds 100. The minister shall pay out money voted by the Legislature for the construction, extension and equipment of French first language schools in accordance with the recommendations of the conseil scolaire . 1997 cS-12.2 s100 Back to Top Operational money 101. Money for the operation and maintenance of French first language schools, for the transportation of students, school supplies and equipment and other money allocated for the purpose of or connected with education in a French first language school shall be paid to the conseil scolaire in accordance with scales set out in a policy directive of the minister. 1997 cS-12.2 s101 Salaries and other compensation – conseil scolaire 101.1 (1) The minister shall, from money voted for that purpose by the Legislature, arrange for the payment of the salaries of a director, an assistant director and a teacher employed in a French first language school or a conseil scolaire office and all the salaries shall be paid in accordance with scales approved by the Lieutenant-Governor in Council. (2) The conseil scolaire shall not pay remuneration to a director, an assistant director and a teacher in amounts greater than those specified under subsection (1). (3) The conseil scolaire shall not make a payment to an employee as a result of the termination of employment or the abolition of the employee’s position except as approved by the minister. (4) A person whose employment has been terminated or whose position has been abolished by the conseil scolaire shall not have the right under an agreement, contract or by way of action to claim for a payment as a result of the termination of employment that exceeds that approved by the minister. 2022 c23 s48 Adjustments in salary – conseil scolaire 101.2 (1) The minister may make a payment to adjust the salary of a director, an assistant director or a teacher employed in a French first language school or a conseil scolaire office, or pay an instalment of money, where there was insufficient payment of that salary or money. (2) Where an overpayment of salary or money was made to a director, an assistant director or a teacher employed in a French first language school or a conseil scolaire office, the minister, in consultation with the director, assistant director or teacher, may reduce or withhold future payment of salary or money until the amount overpaid is recovered. 2022 c23 s48 Back to Top Conseil d'ecole - voting members 102. (1) There shall be a conseil d'ecole responsible for each French first language school. (2) The number of elected members comprising a conseil d'ecole , not exceeding 9, and each school for which the conseil d'ecole is responsible, shall be set and may be changed by order of the minister on the recommendation of the conseil scolaire . (3) Notwithstanding subsection (2), the first elected (a) conseil d'ecole de Port au Port shall be responsible for each French first language school located in Mainland and Cape St. George; (b) conseil d'ecole de l'ouest du Labrador shall be responsible for each French first language school located in Labrador City or Wabush ; (c) conseil d'ecole de l'est du Labrador shall be responsible for each French first language school located in Happy Valley - Goose Bay; and (d) conseil d'ecole de St. John's shall be responsible for each French first language school located in St. John's . (4) A parent of (a) a student enrolled in a French first language school; (b) a child registered to attend a French first language school; and (c) a child who is eligible under this Act to be registered to attend a French first language school and who is not registered in another school may vote in an election of members to a conseil d'ecole responsible for that school. (5) A candidate for election to a conseil d'ecole shall be (a) at least 18 years of age; (b) a citizen of Canada or a lawful resident of Canada ; (c) a resident of the province; and (d) nominated by a person eligible to vote in an election of members to that conseil d'ecole . (6) The principal of or a teacher in a French first language school is not eligible to be a candidate for election under this section to the conseil d'ecole responsible for that school. (7) The director of the conseil scolaire is not eligible to be a candidate for election to a conseil d'ecole . (8) Where fewer members are elected to a conseil d'ecole than the number set by order of the minister, the minister shall on the recommendation of the conseil scolaire or the interim conseil scolaire established under section 114 appoint the number necessary to satisfy the order. (9) A member elected or appointed to a conseil d'ecole under this section shall be a voting member of the conseil d'ecole . (10) The election of members to a conseil d'ecole shall be held at the same time as elections of the conseil scolaire are held under section 95 or at the time the minister directs on the recommendation of the conseil scolaire and the term of office of a member elected to a conseil d'ecole shall be the same as that of a trustee. 1997 cS-12.2 s102 ; 2016 c35 s6 Back to Top Conseil d'ecole - non-voting members 103. (1) The principal of each school for which a conseil d'ecole is responsible shall be a member of the conseil d'ecole by virtue of the prinicipal’s position. (2) Not more than 2 teachers from each school for which a conseil d'ecole is responsible may be elected by the teachers of that school to the conseil d'ecole . (3) Upon the approval of a conseil d'ecole responsible for a school where high school courses are taught, the students in those courses may elect a student to the conseil d'ecole . (4) A member of a conseil d'ecole referred to in this section shall be a non-voting member of the conseil d'ecole . 1997 cS-12.2 s103 ; 2022 c23 s49 Back to Top Chairperson elected 104. A conseil d'ecole shall elect a chairperson from among its voting members. 1997 cS-12.2 s104 Back to Top Vacancy on a conseil d'ecole 105. A vacancy on a conseil d'ecole shall be filled in the same manner as the member being replaced and the replacement member shall serve only for the remainder of the term of office of the member being replaced but is eligible for re-election or re-appointment. 1997 cS-12.2 s105 Back to Top Purpose of a conseil d'ecole 106. The purpose of a conseil d'ecole is to develop, encourage and promote policies, practices and activities to enhance French language and culture, a French ambience, the quality of school programs and the levels of student achievement in a school for which it is responsible. 1997 cS-12.2 s106 Back to Top Functions of a conseil d'ecole 107. (1) The functions of a conseil d'ecole are, with respect to a school for which it is responsible, to (a) represent the cultural, linguistic and educational interests of the school; (b) advise the conseil scolaire on cultural and linguistic issues in the school; (c) advise the conseil scolaire on the quality of teaching and learning in the school; (d) facilitate parent and community involvement in teaching and learning in the school; and (e) advise the conseil scolaire on matters of concern to the school and the parents of students of the school. (2) A conseil d'ecole shall operate in the French language and may as necessary communicate in the English language. 1997 cS-12.2 s107 Back to Top Duties of a conseil d'ecole 108. (1) A conseil d'ecole shall, with respect to a school for which it is responsible, (a) approve , for recommendation to the conseil scolaire , a plan for encouraging and promoting the French language and culture and a French ambience, and for improving teaching and learning in the school; (b) support and promote the plan approved by the conseil scolaire for encouraging and promoting the French language and culture and a French ambience, and for improving teaching and learning in the school; (c) consider information respecting performance standards in the school; (d) assist in the system of monitoring and evaluating standards in the school; (e) monitor the implementation of recommendations in reports on the performance of the school; (f) conduct meetings with parents on matters within its responsibility under this section; (g) ensure that the report on the school prepared under paragraph 24(3)(k) is available to parents and members of the public; (h) communicate concerns respecting the policies and practices of the conseil scolaire to the conseil scolaire ; and ( i ) approve and monitor activities for raising funds for the school. (2) A conseil d'ecole may, subject to the by-laws of the conseil scolaire , approve a levy, the payment of which is voluntary, once in a school year, instead of, or as a supplement to, fund raising activities for a school for which it is responsible. (3) A conseil d'ecole shall operate in accordance with the by-laws of the conseil scolaire . 1997 cS-12.2 s108 Back to Top Protocol 109. (1) The conseil scolaire shall enter into a protocol with each conseil d'ecole which shall serve as a guide and reference for the operations of the conseil scolaire and the conseil d'ecole . (2) The conseil scolaire may, with the consent of a conseil d'ecole , assign responsibilities to the conseil d'ecole in addition to those set out in sections 107 and 108. 1997 cS-12.2 s109 Back to Top Directors 110. (1) The conseil scolaire shall, subject to the prior written approval of the minister, appoint (a) a director; and (b) an assistant director of finance and business administration. (2) A director and an assistant director shall be appointed for not more than a 5 year term and, following a satisfactory performance evaluation by the conseil scolaire , the appointment may be renewed. (3) The conseil scolaire may terminate the employment of a director or an assistant director, other than for cause, by giving the director or assistant director 3 months' written notice, and the conseil scolaire shall report the dismissal in writing to the minister immediately upon giving the notice. (4) Notwithstanding that the conseil scolaire may employ a director or an assistant director under this section, a contract of employment between the conseil scolaire and a director or an assistant director shall not be entered into without the prior written approval of that contract by the minister, and a contract of employment entered into without that approval shall be void. 2012 c13 s7 ; 2022 c23 s50 Back to Top Duties of director 110.1 The director shall, under the direction of the conseil scolaire , (a) supervise and direct the staff employed by the conseil scolaire ; (b) administer , supervise and evaluate all education programs and services for the operation of schools; (c) recruit and recommend for appointment employees and, subject to the approval of the conseil scolaire , assign them to positions and duties; (d) determine in accordance with this Act the school that a student shall attend; (e) recommend the promotion, transfer and termination of employment of employees of the conseil scolaire ; (f) develop and implement a program of supervision and in-service training for employees of the conseil scolaire ; (g) supervise all schools, property, teachers, and other employees of the conseil scolaire and visit each school as frequently as feasible and at least once in each school year; (h) determine the programs for primary, elementary and secondary school grades and develop policies for promoting students; ( i ) provide leadership in evaluating and improving the education program; (j) advise the conseil scolaire on planning for the extension, construction, renovation and repair of buildings; (k) promote a safe and caring learning environment for schools; (l) assist the conseil scolaire in preparing its annual budget; (m) facilitate communication between the conseil scolaire and employees; (n) attend meetings and institutes as required by the minister; (o) as required by the minister, make annual reports to the conseil scolaire and to the department on the education program; (p) be, by virtue of the director's position, a non-voting member of all conseil scolaire committees and attend all meetings of the conseil scolaire and the executive committee, except those meetings or parts of meetings during which matters related directly to the employment of the director are to be discussed; (q) promote cultural identity and French language in conseil scolaire schools; and (r) perform other duties required by the conseil scolaire and under this Act. 2022 c23 s51 ; 2023 c18 s30 Suspension by director 110.2 (1) Where the director is of the opinion that the presence of an employee is an immediate threat to the welfare of students or an employee of the conseil scolaire , the director may suspend that employee, with or without pay, from the performance of the employee's duties. (2) The director shall immediately, in writing, notify the conseil scolaire of a suspension under subsection (1). (3) Where the conseil scolaire receives a notification under subsection (2), it shall, as soon as is practicable, confirm, vary or revoke the suspension of the employee and shall, where the suspension is confirmed or continued, determine if the suspension shall be with or without pay. 2023 c18 s31 Contracts to be in writing 110.3 The terms and conditions of a contract of employment between the conseil scolaire and an employee shall be in writing and consistent with this Act. 2023 c18 s31 Property held by conseil scolaire 110.4 All property held by the conseil scolaire is considered to be held for the purpose of this Act. 2023 c18 s31 Prohibition 110.5 (1) The conseil scolaire shall not construct or extend a school where the conseil scolaire does not have title to the land upon which that construction or extension will occur. (2) Notwithstanding subsection (1) and section 51.12, the conseil scolaire may construct or extend a school vested in a denominational authority in accordance with an agreement entered into under section 51.11. 2023 c18 s31 Acquisition of property 110.6 (1) The conseil scolaire may acquire by gift, lease or purchase, real and personal property. (2) The acquisition of real property referred to in subsection (1) shall first be approved, in writing, by the minister and approved for the intended use by all necessary approving agencies. 2023 c18 s31 Back to Top Applicable sections 111. (1) Section 8 does not apply to a student in a French first language school. (2) Section 25 and section 26 do not apply to a French first language school. (3) Section 120 does not apply to the conseil scolaire or a French first language school. (4) Sections 51.10 to 51.12 and section 51.14 apply, with the necessary changes, to the conseil scolaire and a French first language school. (5) For the purposes of this Part, a reference in sections 51.10 to 51.12 and section 51.14 to (a) the department and the Crown shall be considered to include a reference to the conseil scolaire ; and (b) a school shall be considered to include a reference to a French first language school where to do so would not be inconsistent with this Part. 1997 cS-12.2 s111 ; 2013 c25 s12 ; 2022 c23 s52 ; 2023 c18 s32 Back to Top Property 112. (1) Title to all real and personal property used for the purpose of education at Ecole Ste. Anne and Ecole Notre Dame du Cap in the communities of Mainland and Cape St. George that were, on the coming into force of this Part, operated by a board as French first language schools shall be transferred to the conseil scolaire by the board or denominational authority having title. (2) Section 51.11 applies, with the necessary changes, to real and personal property used for the purpose of education in a French first language school, and to effect a transfer of property referred to in subsection (1). 1997 cS-12.2 s112 ; 2023 c18 s33 Back to Top Conseil scolaire only to operate French first language school 113. After this Part comes into force, a board, other than the conseil scolaire , shall not operate a French first language school. 1997 cS-12.2 s113 Back to Top Interim conseil scolaire 114. (1) The interim conseil scolaire is continued. (2) Appointments to the interim conseil scolaire shall be made on the recommendation of the Federation des Parents Francophones de Terre- Neuve et du Labrador in accordance with the requirements of subsection 95(4). (3) The interim conseil scolaire shall be dissolved upon the order of the minister on the recommendation of the conseil scolaire first elected under section 95. (4) The interim conseil scolaire shall (a) appoint a director as provided for in section 110; (b) subject to the approval of the minister, establish procedures for the first election of the conseils d'ecole and the conseil scolaire ; (c) conduct the elections for the first conseils d'ecole at the same time as board elections are held or at the time the minister directs; (d) conduct the election for the first conseil scolaire ; (e) notwithstanding subsection 102(2), recommend to the minister the number of members to be elected to each conseil d'ecole referred to in subsection 102(3); (f) determine the organizational structure of the conseil scolaire ; (g) employ persons necessary to enable it and the conseil scolaire to carry out its responsibilities; (h) establish financial and administrative procedures necessary to enable it and the conseil scolaire to carry out their responsibilities; and ( i ) furnish and supply the interim conseil scolaire with adequate equipment and supplies to enable it and the conseil scolaire to carry out their mandate. 1997 cS-12.2 s114 Back to Top Board's responsibility continued 115. Notwithstanding section 113, until the first conseil scolaire is elected under section 95, a board that operated a French first language school prior to the coming into force of this Part shall continue to operate the French first language school after this Part comes into force in the same manner as it was operated before this Part came into force. 1997 cS-12.2 s115 Back to Top Transitional: Agreements and personnel of board 116. (1) All agreements, contracts, obligations and assessments made in relation to a French first language school and existing immediately before this Part comes into force shall continue. (2) Where a board ceases to operate a French first language school, the conseil scolaire is the successor in law to the board in respect of an employment contract held by the board in respect of that school, and the conseil scolaire is substituted for the board in respect of that contract. (3) When the board ceases to operate Ecole Ste. Anne and Ecole Notre Dame du Cap in the communities of Mainland and Cape St. George, the conseil scolaire is the successor in law to the board for those schools, and all agreements, contracts, debts, liabilities and other obligations of the board for those schools shall be assumed by the conseil scolaire and the conseil scolaire shall fulfil and satisfy all those agreements, contracts, debts, liabilities and other obligations. (4) Where a board ceases to operate a French first language school, other than one referred to in subsection (3), the board shall enter into an agreement with the conseil scolaire in relation to all agreements, contracts, debts, liabilities and other obligations continued under subsection (1) except an employment contract referred to in subsection (2). (5) Where there is a dispute as to the assumption of an agreement, contract, debt, liability or other obligation under this section the minister shall make an order determining the matter and that order shall be final. 1997 cS-12.2 s116 PART V.1 PROVINCIAL ADVISORY COUNCIL ON EDUCATION Back to Top Provincial advisory council 116.1 (1) There is established a provincial advisory council on education which shall advise the minister on matters related to primary, elementary and secondary education, including (a) those matters referred to the provincial advisory council by the minister; (b) regional and local matters that affect primary, elementary and secondary education; and (c) any other educational matters that the provincial advisory council considers necessary to bring to the attention of the minister. (2) Members of the provincial advisory council shall be appointed in accordance with the regulations. (3) Members of the provincial advisory council shall have those powers and perform those duties prescribed in the regulations. (4) Members of the provincial advisory council shall serve without remuneration but may be reimbursed at a rate set in a policy directive of the minister for travel and other expenses reasonably incurred in connection with the work of the provincial advisory council. (5) The minister may establish the terms of reference for the provincial advisory council. 2022 c23 s53 PART VI GENERAL Back to Top Powers of the minister 117. The minister may (a) prescribe books, materials, programs and courses of study for schools; (b) issue policy directives, including policy directives with respect to ( i ) the establishment, organization and administration of public examinations and awards for students, (ii) the allocation and distribution of money voted by the Legislature or otherwise available to the department and the conseil scolaire for the purpose of education, (iii) transportation of students to and from schools, (iv) an agreement under section 51.11; (v) special education, (vi) student evaluation, (vii) the evaluation of school programs and performance, (vii.1) a safe and caring learning environment in schools which shall include (A) guidelines and a template for a school code of conduct, (B) a definition of bullying, (C) a bullying intervention protocol, and (D) a requirement for the collection of data related to inappropriate behaviour, (viii) the professional development of (A) teachers , (B) employees of the department whose duties pertain to primary, elementary or secondary education, and (C) employees of the conseil scolaire , (viii.1) the payment of a fee for the cost of supplies provided to a student in a school other than a private school, (ix) the payment of a fee by a student who possesses a student authorization under a Canada visitor visa and who has come to the province for the purpose of attending school, and (x) an agreement under section 51.1; (c) prescribe administrative functions and the manner in which they are to be performed by the conseil scolaire and in a school other than a private school; (d) require a school or class to be closed for a specified period; (e) authorize the department or the conseil scolaire to employ an emergency supply for a specified period where the minister is satisfied that a teacher is not available; (f) [Rep. by 2023 c18 s34] (g) require the conseil scolaire to comply with an agreement entered into by the minister for educational purposes; and (h) do all those things that are necessary for the administration of this Act. 1997 cS-12.2 s117 ; 2000 c32 s2 ; 2012 c13 s8 ; 2013 c25 s13 ; 2023 c18 s34 Lieutenant-Governor in Council regulations 118. (1) The Lieutenant-Governor in Council may make regulations (a) respecting the establishment, maintenance, operation, organization, administration and delivery of education programs, facilities and services for students; (b) respecting employment classifications, practices and procedures, and terms and conditions of employment of employees of the conseil scolaire ; (c) respecting the election and appointment of trustees, including the qualifications of persons to vote and to be elected as a trustee; (d) respecting the holding of religious observances in schools; (e) prescribing funds to be school generated funds under paragraph 51.13(1)(g); (f) respecting the administration and maintenance of school generated funds and the purposes for which school generated funds may be used under section 51.13; (g) defining a word or phrase used in this Act; (h) respecting a policy on employment equity referred to in paragraph 97(1)(g); ( i ) respecting the application and modification of an agreement referred to in subsection 51.11(4) to a person who purchases property from a denominational authority, including the prescription of new or additional terms and conditions; (j) prescribing terms and conditions applicable to a person who purchases property from a denominational authority in the circumstances described in subsection 51.11(7); (k) r especting the appointment of members of the provincial advisory council; (l) prescribing the powers and duties of the provincial advisory council; and (m) generally to give effect to the purpose of this Act. (2) Regulations made under this Act may be made with retroactive effect. 1997 cS-12.2 s118 ; 2007 c19 s2 ; 2016 c35 s7 ; 2022 c23 s54 ; 2023 c18 s35 Back to Top Ministerial regulations 118.1 The minister may make regulations (a) respecting the conduct of appeals under paragraph 22(3)(b); (b) respecting the suspension of students under section 36; and (c) respecting the appointment of the expulsion review panel, the conduct of investigations and the issuance of orders under subsections 39(2) and (3). 2023 c18 s36 Back to Top Penalty 119. (1) A person who violates a provision of this Act for which another section of this Act does not provide a penalty, commits an offence and is liable on summary conviction (a) for a first offence, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both a fine and imprisonment; and (b) for a subsequent offence, to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 6 months or to both a fine and imprisonment. (2) A prosecution under this section shall be commenced within 2 years after the commission of the alleged offence. 1997 cS-12.2 s119 Back to Top Application of Financial Administration Act 119.1 (1) Where, immediately before this section comes into force, an existing business, accounting, banking or other financial management practice of the former school board does not comply with the Financial Administration Act , the Office of the Comptroller General or Treasury Board, in consultation with the Office of the Comptroller General, shall provide direction to the department responsible for that financial management practice with respect to the continuation of that practice in the course of the exercise or performance, or intended exercise or performance, of its powers and duties under this Act. (2) Where the department referenced in subsection (1) complies with the direction of the Office of the Comptroller General or Treasury Board under subsection (1), the department shall be considered to be compliant with the Financial Administration Act with respect to a business, accounting, banking or other financial management practice referenced in subsection (1). (3) This section ceases to have effect one year after the date on which this section comes into force. (4) In this section, "former school board" means the school board of the Newfoundland and Labrador English School District as it existed immediately before the coming into force of this section. 2023 c18 s37 PART VII TRANSITIONAL, CONSEQUENTIAL, REPEAL AND COMMENCEMENT Back to Top Transitional 120. For the 1997 - 1998 school year, every school established, maintained and operated for a class of persons having rights under Term 17 under the former Act shall continue as a school established, maintained and operated for that class of persons, and a school operated jointly by agreement by 2 or more dissolved school boards under the former Act shall continue to be operated as far as practical in accordance with that agreement. 1997 cS-12.2 s120 Back to Top DEC abolished 121. (1) The Denomination Education Commission is abolished. (2) Money and other property of the commission are the property of the Crown. (3) The liabilities and obligations of the commission are the liabilities and obligations of the Crown. 1997 cS-12.2 s121 Back to Top 1996 cE-2.2 Rep. 122. The Education Act, 1996 is repealed. 1997 cS-12.2 s122 Back to Top RSN1990 cS-11 Amdt. 123. Paragraph 2(c) of the School Boards' Association Act is amended by striking out the year "1996" and substituting the year "1997". 1997 cS-12.2 s123 Back to Top 1996 cS-12.1 Rep. 124. The Schools Act, 1996 is repealed. 1997 cS-12.2 s124 Back to Top RSN1990 cT-2 Amdt. 125. (1) Paragraph 2(f) of the Teachers' Association Act is amended by striking out the year "1996" and substituting the year "1997". (2) Paragraph 2(g) of the Act is amended by striking out the year "1996" and substituting the year "1997". (3) Subsection 6(1) of the Act is amended by striking out the year "1996" and substituting the year "1997". (4) Paragraph 8(b) of the Act is amended by striking out the year " 1996 " and substituting the year " 1997 ". 1997 cS-12.2 s125 Back to Top RSN1990 cT-3 Amdt. 126. (1) Paragraph 2(1 )( k) of the Teachers' Collective Bargaining Act is amended by striking out the year " 1996 " and substituting the year "1997". (2) Paragraph 2(1 )( l) of the Act is amended by striking out the year "1996" and substituting the year "1997". (3) Subsection 2(2) of the Act is amended by striking out the year "1996" and substituting the year "1997 ". (4) Section 30 of the Act is amended by striking out the year "1996" and substituting the year "1997". 1997 cS-12.2 s126 Back to Top SN1991 c17 Amdt. 127. (1) Paragraph 2(1 )( o) of the Teachers' Pensions Act is repealed and the following substituted: (o) "teacher" means a person holding a valid and subsisting certificate or grade or licence not lower than the emergency supply licence issued under the Teacher Training Act, who is, subject to the Schools Act, 1997 appointed or employed by a board of directors or a school board to give instruction or to administer or supervise instructional services in a college or a school and includes ( i ) a director or an assistant director, except the assistant director of finance and administration, appointed under section 79 of the Schools Act, 1997 , and (ii) every person who is considered a teacher under section 3;. (2) Subsection 3(1) of the Act is repealed and the following substituted: Back to Top Application 3. (1) This Act applies to every teacher who (a) teaches ( i ) in a school or a college and is paid from public funds allocated under the Schools Act, 1997 , or is approved by the minister responsible for education for the purpose of this Act, or (ii) in a school operated by the department under section 50 of the Schools Act, 1997 ; (b) has similar qualifications approved by the minister responsible for education and is employed in a special school or in an institution in the province approved by the minister responsible for education for the purpose of this Act and receives his or her total remuneration directly from public funds voted by the Legislature; (c) has similar qualifications approved by the Teachers' Certification Committee established under the Teacher Training Act and is employed full time in the province to teach ( i ) in a school, (ii) in a private school, (iii) in an institution for children with disabilities, or (iv) a regular course for children with disabilities in a school, where that school, institution or course has been approved under the Schools Act, 1997 ; or (d) is an administrative officer of the Newfoundland and Labrador Teacher's Association by virtue of the Teachers' Association Act , and who was before his or her appointment ( i ) a teacher to whom this Act or the former Act applied, or (ii) a public servant to whom the Public Service Pensions Act, 1991 applied, and is considered to be, during his or her term of office as the administrative officer, a teacher for the purpose of the pension plan. (3) Subparagraph 13(2 )( a)(ii) of the Act is amended by striking out the year " 1996 " and substituting the year " 1997 ". (4) Paragraph 14(1 )( b) of the Act is amended by striking out the year " 1996 " and substituting the year " 1997 ". (5) Subsection 40(1) of the Act is amended by striking out the year " 1996 " and substituting the year " 1997 ". 1997 cS-12.2 s127 Back to Top RSN1990 cT-1 Amdt. 128. (1) Subsection 5(3) of the Teacher Training Act is amended by striking out the year "1996" and substituting the year "1997". (2) Paragraph 10(1 )( f) of the Act is amended by striking out the year "1996" and substituting the year "1997". 1997 cS-12.2 s128 Back to Top Commencement 129. This Act or a Part or a section of this Act shall come into force on a day to be proclaimed by the Lieutenant-Governor in Council. (In force - Jan. 9/98) 1997 cS-12.2 s129