This is an unofficial archived version of The Public Schools Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. P250
The Public Schools Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
"advisory board" means The Advisory Board established under The Education Administration Act; ("Conseil consultatif')
"board of reference" means The Board of Reference established under this Act; ("Commission des renvois")
"course" means a specific unit of study; ("cours")
"department" means "department" as defined in The Education Administration Act; ("ministère")
"elector" means a person entitled to vote under clause 5(l)(a) or (b) of The Local Authorities Election Act; ("électeur")
"finance board" means The Public Schools Finance Board established under The Public Schools Finance Board Act; ("Commission des finances")
"legal guardian" means a person appointed or recognized as the guardian of a child under The Child and Family Services Act or The Court of Queen's Bench Surrogate Practice Act; ("tuteur")
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")
"program" means a series or group of courses leading to a statement of standing; ("programme")
"public school" means an institution for educational purposes established and maintained under this Act or The Education Administration Act; ("école publique")
"regulations" means regulations made by the Lieutenant Governor in Council, by the minister, or by the Advisory Board under the authority of any Act of the Legislature; ("règlements")
"resident" as used to refer to or describe a person living in a particular school division or school district, means a person who has his chief place of abode or dwelling in that school division or school district; ("résident")
"resident pupil" as used to refer to or describe a pupil in a particular school division or school district, means a pupil
(a) whose parent or legal guardian, with whom he resides, is a resident therein, or
(b) who has attained the age of 18 years and is a Canadian citizen or landed immigrant resident therein, or
(c) who by reason of being dealt with under any provision of The Child and Family Services Act becomes a resident therein, or (d) who is designated in writing by the minister as a resident therein; ("élève résident")
"school" means a public school; (" école")
"school board" means the board of trustees of a school division or a school district; ("commission scolaire")
"school building" includes the buildings required or used in a school division or school district for the imparting of instruction or for offices or other public school purposes; but does not include a building, or a part thereof, constructed, designed, or used solely or chiefly for administrative functions of the school division or school district other than those exercised by principals and teachers; ("bâtiment scolaire")
"school district" means a school district which is not designated by the minister as a remote school district; ("district scolaire")
"school division" means a school division having the responsibility of providing for elementary and secondary public school education and includes a remote school district as designated in subsection 3(4) but does not include a school district; ("division scolaire")
"school moneys" means moneys that are the property of, or are payable to, a school division or a school district; ("deniers scolaires")
"school site" means, subject to the regulations, the area of land required set aside or used by a school division or a school district for the school building, teachers' residence, students' residence, offices, or playground, or any one or more of them and includes any area of land required set aside or used for parking purposes; ("emplacement scolaire")
"student teacher" means a student engaged in practice teaching while enrolled in teacher education in a recognized teacher education institution; ("élève enseignant")
"support" means financial support provided to a school division under the government support to education program established under Part IX and support provided to a school division by way of personnel, materials, equipment or assets in lieu of financial payments or grants; ("aide")
"teacher" means a person who holds a valid and subsisting teacher's certificate or a limited teaching permit issued under The Education Administration Act, or who is authorized by the minister to teach in a school; ("enseignant")
"trustee" means a member of a school board of a school division or school district; ("commissaire")
"unorganized territory" means any portion of the province not included within a municipality. ("territoire non organisé")
FORMATION, ALTERATION AND DISSOLUTION OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS ESTABLISHMENT OF SCHOOL DIVISIONS
School districts authorized.
Subject to section 4, the Lieutenant Governor in Council may, from any portion of the province that is not within a school division or school district
(a) establish a school district or a remote school district;
(b) declare any territory to be a school district or a remote school district; or
(c) add territory to any school district or remote school district.
Contents of order in council.
The order in council made under subsection (1) shall
(a) specify the lands so included;
(b) give the school district or remote school district a name and number in the following form: "The School District of , Number ";
(c) divide the school district or remote school district into wards and state the number of trustees in each ward; or if not divided into wards, state the number of trustees to be elected at large;
(d) state the date upon which the establishment is to be effective; and
(e) provide for the appointment of a returning officer and for the making of all necessary arrangements, according to the provisions of section 6 of The Local Authorities Election Act, for the first election of trustees, their terms of office, the method of determining their terms of office, and the date of their taking office.
Every school board is a body corporate under the name "The School Division, Number ", or "The School District of , Number " (whatever name and number are given to the school division or school district shall be inserted in each case where applicable and indicated).
In all statutes, by-laws, or documents in which the name of the school division or school district is used, the word "Number" in that name may be abbreviated thus: "No.".
Powers of school board.
From the effective date of its incorporation, a school board has the powers granted to it, and is responsible for the performance of the duties and is subject to the liabilities charged upon it, under this Act.
Remote school district.
The minister, by his written order, may designate a school district as a remote school district.
The minister may change the name of a school division or school district.
ALTERATION OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS
Government of Canada lands.
The minister shall not include in a school division on its establishment, or add to a school division previously established, any land owned by or under lease to the Government of Canada, unless the Government of Canada has entered into an agreement with the Government of Manitoba to make an annual grant, for the purposes of the school division in which the land is to be included, of an amount equal to an amount that would be raised by a levy on the land being so included, on the basis of the equalized assessment established for the school division by the Municipal Board or the Provincial Municipal Assessor, at the rates that under the appropriate sections of Part IX would apply to the school division; and the Government of Manitoba may enter into such an agreement.
Transfers of lands.
Where the minister receives a written request
(a) from a school board, a council of a municipality, the resident administrator of a local government district, or the council of an Indian Band; or
(b) from 10 or more resident electors of a school division or school district involved; or
(c) from 10 or more resident electors of an area not within any school division or school district, or where there are not 10 adult residents of any such area, from all the adult residents of such an area;
(d) a new school division or school district be established; or
(e) lands not in any school division or school district be added to an existing school division or school district; or
(f) that a transfer of land be made altering the boundaries of a school division or school district or changing in any way the lands comprising a school division or school district, including the merging or amalgamation or dissolution of school divisions or school districts;
(g) land in an Indian Reserve included in a school division be removed from the school division;
the minister shall refer the request to the board of reference which shall decide the matter, and by its written award, determine whether the request should be granted in whole or in part, or be rejected.
Referral by minister.
Notwithstanding subsection (1) and subsection 9(8), the minister on his own initiative may refer to the board of reference any matter to which reference is made in clauses (1)(d), (e), (f) or (g).
Dissolution of school divisions or school districts.
In making an award on any matter referred to it under subsection (1) or (2), the board of reference may dissolve a school division or school district.
Where the board of reference has made an award
(a) any school division, school district, municipality, resident administrator or Indian Band; or
(b) any 10 electors resident in a school division or school district involved; or
(c) such number of adult residents as are required under subsection (1) to sign the request in an area not in any school division or school district;
may appeal against the award to a judge of the Court of Queen's Bench in the manner in which an appeal against an award or finding may be made under sections 251 to 257; and those sections to the extent that they are applicable, apply, with such modifications as the circumstances require, to an appeal under this subsection.
Award respecting Indian Reserve.
Except where the award transfers or includes land to or in a school division established as a northern school division, where the board of reference makes an award transferring or including land in an Indian Reserve to or in a school division, it shall, in the award, make provision for that land to be included in a new ward, for the election of one or more trustees for that ward, and may make provision for the number of trustees that shall comprise the school board of the school division.
Notice of establishment of school division.
Upon the establishment of a school division or a school district, and upon the merging or dissolution of a school division or school district, the minister shall cause to be published in The Manitoba Gazette a notice setting forth
(a) the fact and date of the establishment, merging or dissolution of the school division or school district;
(b) the name and number thereof:
(c) the boundaries thereof;
(d) the number of wards, if any, into which the school division or school district is divided and the boundaries of each ward; and
(e) the number of trustees to be elected from each ward, or from the school division or school district at large.
Establishment of board of reference.
The Lieutenant Governor in Council may establish a board of reference consisting of such number of persons as the Lieutenant Governor in Council may determine, which shall have jurisdiction as designated in the order creating it and as may otherwise be conferred upon it under this Act and the regulations.
A member of the board of reference shall hold office for such term as may be fixed in the order appointing him, not exceeding two years, but a member may be appointed for a further term.
In the order establishing the board of reference, the Lieutenant Governor in Council shall fix the number of members thereof that constitute a quorum.
Each member of the board of reference, other than a person who is in receipt of remuneration for duties performed
(a) as a member of the civil service of the government; or
(b) as a member or employee of a board, commission, corporation or other similar body that is appointed or controlled by, or is under the authority or direction of the government.
may be paid such remuneration as may be fixed by the Lieutenant Governor in Council; and each member of the board of reference may be paid the amount of such out-of-pocket expenses necessarily incurred by him in discharging his duties as a member of the board of reference as may be approved by the Minister of Finance.
Secretary of board of reference.
The minister may designate an employee of the department to act as the secretary of the board of reference.
Rules of procedure.
The board of reference may, subject as herein provided, make rules to govern its own procedure.
Powers under Manitoba Evidence Act.
The members of the board of reference, for the purpose of carrying out their duties and functions under this Act and the regulations have all the powers and protection of commissioners appointed under The Manitoba Evidence Act.
Fixing date of hearing.
Where a matter is referred to it under this Act or any other Act of the Legislature by way of appeal or otherwise, the board of reference shall fix the date on which, and the time and place at which, it will hold a hearing with respect to the matter and the date so fixed shall be not less than two weeks after the date of the mailing or of the publication of notices as hereinafter required, whichever date is the later.
Notices of hearings.
The board of reference shall send by mail
(a) to each school board named in the matter referred;
(b) to the council of each municipality that, or any part of which, is within a school division or school or school district named in the matter referred;
(c) to the resident administrator of each local government district involved;
(d) to the council of the Indian Band concerned;
(e) to the owner of each parcel of land, mentioned in the matter referred, wherever practical; and
(f) to any person designated for the purpose by the members of any group of resident electors that has made a request as herein provided, or where no person has been so designated, to the person first named in the request;
a written notice giving a brief description of the matter referred and stating the date on which, and the time and place at which, it will be considered and the board of reference shall also cause a copy of the notice to be published at least once in a newspaper having a circulation in the area in which the municipalities, school divisions or school districts, interested in the matter are situated.
On the date, and at the time and place stated in the notice, the board of reference shall sit and hear any person interested in the matter or any person on his behalf.
The board of reference shall make its award in respect of any matter referred to it and unless the award is appealed in accordance with section 5 the award is final.
Effect of award.
Unless an award of the board of reference is set aside on appeal, where the time for an appeal therefrom has lapsed and no appeal is taken, the award has effect in accordance with its terms.
Period of award.
An award of the board of reference continues in force for a period of at least three years and no application for a further award in respect of the same matter shall be made during that period.
Certain terms of award.
Every award of the board of reference shall
(a) set forth the changes, if any, made in the boundaries or area of the wards of any school division or school district;
(b) make such changes in the number of the trustees of the school board and the number of trustees to be elected from each ward, as may be required or desirable as a result of the changes in the boundaries of wards;
(c) except in the case of land in an Indian Reserve, make such adjustments and transfers of the assets and liabilities necessary to implement the award, and are deemed by the board of reference to be fair or desirable:
(d) fix the costs to be paid and specify the persons or corporations by whom or by which they are payable;
(e) where a deposit has been made in respect of an appeal, direct the disposition thereof that is to be made;
(f) fix the date upon which the award is effective and make the award retroactive where deemed necessary;
(g) where a new school division or school district is established, make provision for the first election of trustees and their term of office or method of determining their term of office;
(h) give such other orders and directions as may be necessary to dispose of the appeal or other matter referred.
Notification of award.
The board of reference shall cause a copy of each award made by it to be sent to
(b) each municipality, each local government district and each school division or school district affected by the award or that has an interest therein;
(c) the council of each Indian Band referred to in the award;
(d) the owner of each parcel of land, wherever practical, specified in the award; and
(e) any person designated for the purpose by the members of any group of resident electors that has made a request as herein provided, or where no person has been so designated, the person first named in the request.
Submission to vote of electors.
Where a matter is referred to the board of reference under section 5 or under section 13. the board of reference before making its decision thereon, may require that the matter be submitted to a vote of the resident electors of the territory involved as designated.
Where a matter is submitted to a vote under subsection (11), the board of reference shall designate the returning officer or officers for the purpose of taking the vote, and the vote shall be taken in accordance with section 27.
Meaning of "school corporation".
For the purposes of sections 11 and 12, the expression "school corporation" means a school division or a school district.
Transmission, etc. without fee.
Where the title to any land that is registered in the name of a school corporation becomes, under any provision of this Act, vested in another school corporation
(a) every application for transmission and every other instrument under The Real Property Act, required to be registered or filed in order to permit the issue of a certificate of title to the land in the name of the other school corporation: and
(b) every deed or other instrument under The Registry Act required to be registered in order to evidence the transfer of the title of the land to the other school corporation;
if properly executed and completed as required bylaw, shall be registered or filed by the district registrar of the proper land titles office, without charge or payment of any fee for transmission, registration, filing or otherwise.
Transfers of rights, etc. on creation of new school divisions.
On the date on which the new school board of
(a) a new school division: or
(b) a school district that has been declared to be a school division: or
(c) a school division that has been formed by the consolidation of two or more school divisions or school districts;
takes office, every teacher who was employed by a school corporation within the new school division shall be deemed to be employed by and his contract assigned to, the new school corporation without any loss or abatement of the rights, privileges and obligations conferred upon or enjoyed by the teacher prior to that date.
Rights, duties and obligations of new school corporation.
The new school corporation referred to in subsection (1) has the same rights, duties and obligations with respect to the teacher deemed to be employed by it as the school corporation by which he was formerly employed had, whether under contract, by virtue of any Act or otherwise, immediately prior to the date on which the new school board took office.
Transfer of special moneys to L.G.D.
Where a school corporation is dissolved under section 5 or 13 if the school corporation has among its assets moneys received under The Unconditional Grants Act, those moneys shall be transferred by the school corporation to the resident administrator of the local government district in which the school corporation was situated to be used for the purposes of providing and maintaining municipal services in the area previously comprising the school corporation and, if a dispute arises in respect of the moneys or the amount thereof, the matter shall be referred by the minister to the board of reference and its decision in respect thereof is final and binding on all persons affected thereby.
Disposition of property on school site.
Where a school corporation is dissolved under section 5 or 13 if on property previously owned by the school corporation, there is situated a fixture or other property, real or personal, which did not belong to the school corporation, the minister may refer to the board of reference established under section 8 the matter of the disposal of the fixture or other property so situated on the property previously owned by the school corporation and its decision in respect thereof is final and binding on all persons affected thereby.
Audit of school division or school district.
Where a school corporation is dissolved, the secretary-treasurer of the school corporation shall forthwith turn over to the auditor of the school corporation, or if there is no auditor, to an auditor appointed by the minister, all books, documents and records of the school corporation and the auditor shall audit the books and records of the school corporation, and shall forward them, together with his report on the audit, to the school corporation which shall pay the costs of the audit.
Dissolution of closed remote school district.
Where all the schools in a remote school district are closed and have been continuously closed for two or more years, the minister may refer the matter of dissolving the remote school district to the board of reference which may order
(a) that the remote school district be continued; or
(b) that the remote school district be dissolved, the lands within the remote school district be transferred to a school division and direct the manner in which the assets and liabilities of the remote school district shall be disposed of or paid and adjust the rights and claims consequent upon the changes to be made.
NORTHERN SCHOOL DIVISION
Establishment of school division.
The minister may, by order, establish a northern school division to include such territory north of the northern boundary of township 22 in the province as he considers advisable.
Alteration, etc. of area.
The minister may, as he deems advisable, by order
(a) withdraw territory from a school division established under subsection (1); or
(b) add further territory north of the northern boundary of township 22 in the province to a school division established under subsection (1);
(c) create remote school districts within a school division established under subsection