BILL NO. 215
2nd Session, 60th General Assembly
57 Elizabeth II, 2008
The Honourable Karen Casey
Minister of Education
First Reading: November 7, 2008
Second Reading: November 17, 2008
Third Reading: November 21, 2008 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)
Clause 1 amends a provision respecting the qualifications to be elected as a member of a school board to include persons appointed to a school board as a result of Clause 4.
Clause 2 requires the oath of office taken by a member of a school board to be as prescribed by the regulations made by the Minister of Education rather than the regulations made pursuant to the Municipal Elections Act.
Clauses 3 and 4 enact new provisions respecting vacancies on a school board.
Clauses 5 and 6 authorize a school board to censure a member of the school board.
Clauses 7 and 8 provide that the chair and vice-chair of a school board hold office for two years instead of one year.
Clause 9 requires a school board to adopt a procedural by-law in accordance with the regulations.
Clause 10 requires a school board to adopt a code of ethics.
(a) adds the failure of a school board to censure a member of the school board as directed by the Minister of Education to the grounds pursuant to which the Minister may replace the school board; and
(b) clarifies that the Minister may appoint more than one person to replace a school board.
Clause 12 authorizes the Minister of Education to
(a) prescribe the oath of office for members of school boards;
(b) prescribe the mandatory content of a code of ethics;
(c) regulate the appointment of adjudicators to hear appeals from decisions of school boards to censure their members; and
(d) prescribe the mandatory content of a procedural by-law adopted by a school board.
Clause 13 repeals a provision of the Municipal Elections Act replaced by Clause 4.
Clause 14 provides that this Act comes into force on proclamation.
1 Subsection 46(1) of Chapter 1 of the Acts of 1995-96, the Education Act, as amended by Chapter 15 of the Acts of 1998, is further amended by
2 Subsection 50(1) of Chapter 1, as amended by Chapter 18 of the Acts of 1998, is further amended by striking out "pursuant to the Municipal Elections Act" in the second and third lines and substituting "prescribed pursuant to the regulations".
3 Subsection 51(4) of Chapter 1 is repealed.
(2) A vacancy in the seat of a member of a school board occurring within two years but not within six months of the next regularly scheduled election for school board members shall be filled by the Minister with a person qualified to be elected to that position.
(3) A vacancy in the seat of a member of a school board occurring more than two years before the next regularly scheduled election for school board members shall be filled by special election pursuant to the Municipal Elections Act.
(3) Where the Minister considers it necessary for a member of a school board to be censured and the school board fails to censure the member or to censure the member appropriately, the Minister may direct the school board to censure the member pursuant to clause (1)(a), (b) or (c) as the Minister considers appropriate or may vacate the member's seat.
(4) Where a member of a school board is censured pursuant to this Section, the member may appeal to a single adjudicator appointed by the Minister and the adjudicator may set aside or vary the censure as the adjudicator considers appropriate.
(2) Subsection (1) applies with respect to chairs and vice-chairs of school boards elected following the 2008 and subsequent elections, whether elected before or after the coming into force of that subsection.
9 (1) Clause 58(1)(b) of Chapter 1 is repealed.
12 Subsection 145(1) of Chapter 1, as amended by Chapter 5 of the Acts of 2002 and Chapter 15 of the Acts of 2007, is further amended by adding immediately after clause (sa) the following clauses:
14 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
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