Education Act (amended)

BILL NO. 165

(as introduced)

1st Session, 59th General Assembly
Nova Scotia
54 Elizabeth II, 2005

Government Bill

Education Act
(amended)

The Honourable Jamie Muir
Minister of Education

First Reading: April 22, 2005

(Explanatory Notes)

Second Reading: April 25, 2005

Third Reading: May 16, 2005 (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 updates a reference in the Education Act to the Minister.

Clause 2 provides that(a) no member of a school board may be employed by the school board while the person is a member of the school board or during the six months after the person ceases to be a member of the school board; and

(b) a person ceases to be a member of a school board if the person has been convicted of an indictable offence that is punishable by a period of imprisonment of a maximum of more than five years or of a child related offence designated in the regulations.

Clause 3 prevents a member of a school board who resigns from being a candidate to fill the vacancy. Clauses 4 and 5 correct errors in the Education Act. Clauses 6 and 7 and subclause 9(1) update references to the Minister of Education and the Department of Education and Clause 8 corrects an error in the Act. Subclause 9(2) adds regulation-making authority to designate child-related offences for purpose of Clause 47A(b). Clause 10 updates references to the Department of Education. Clause 11 provides that this Act comes into force on proclamation.

An Act to Amend Chapter 1
of the Acts of 1995-96
the Education Act

Be it enacted by the Governor and Assembly as follows:

1 Clause 3(1)(p) of Chapter 1 of the Acts of 1995-96, the Education Act, as amended by Chapter 11 of the Acts of 2000, is further amended by striking out "and Culture" in the second line.

2 Chapter 1 is further amended by adding immediately after Section 46 the following Sections:

47 No member of a school board may be employed by the school board of which the person is a member or during the period of six months after the person ceases to be a member of the school board.

47A Any member of a school board who is convicted of

(a) an indictable offence that is punishable by a term of imprisonment of a maximum of more than five years; or

(b) a child-related offence designated in the regulations,

ceases to be a member of the school board.

3 Section 51 of Chapter 1 is amended by adding immediately after subsection (4) the following subsection:

(5) Notwithstanding any provision of this Act, where a vacancy occurs in the seat of a member of the school board because a member has resigned, that member may not be a candidate in a special election referred to in subsection (4).

4 Section 53 of Chapter 1 is amended by striking out "Act" in the second line and substituting "act".

5 Subsection 54(5) of Chapter 1 is amended by striking out "subsections" in the first line and substituting "subsection".

6 Clause 64(2)(m) of Chapter 1 is amended by striking out "and Culture" in the second line.

7 Subsection 68(1) of Chapter 1 is amended by striking out "and Culture" in the third and fourth lines.

8 Subsection 81(1) of Chapter 1 is amended by striking out "managment" in the second line and substituting "management".

9 (1) Clause 146(1)(w) of Chapter 1 is amended by striking out "and Culture" in the third line.

(2) Subsection 146(1) of Chapter 1, as amended by Chapter 11 of the Acts of 2000, Chapter 5 of the Acts of 2002 and Chapter 3 of the Acts of 2004, is further amended by adding immediately after clause (ye) the following clause:

(yf) designating a child-related offence for purpose of clause 47A(b).

10 Section 152 of Chapter 1 is amended by striking out "and Culture" in the eighth line and in the twelfth line.

11 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2005 Crown in right of Nova Scotia. Created May 26, 2005. Send comments to legc.office@novascotia.ca.

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