BILL NO. 47

(as amended)

1st Session, 58th General Assembly
Nova Scotia
49 Elizabeth II, 2000

Government Bill

Education Act
(amended)

CHAPTER 11 OF THE ACTS OF 2000

The Honourable Jane S. Purves
Minister of Education

First Reading: April 27, 2000

Second Reading: May 26, 2000

Third Reading: June 8, 2000 (WITH COMMITTEE AMENDMENTS)

Royal Assent: June 8, 2000

Be it enacted by the Governor and Assembly as follows:

1 Section 3 of Chapter 1 of the Acts of 1995-96, the Education Act, is amended by

(a) adding "(1)" after the Section number;

(b) striking out clauses (d) and (e);

(c) adding immediately after clause (c) the following clause:

(d) "district school board" means a district school board established by or pursuant to this Act;

(d) striking out "school district or" in the second line of clause (ah); and

(e) adding the following subsection:

(2) Notwithstanding clause (1)(d), in clauses 8(i) and 9(1)(b) and subsections 9(4) and (5), 14(2), 80(4) and 93(1), "district school board" means a district school board established pursuant to the former Act.

2 The heading immediately before Section 6 and Section 6 of Chapter 1 are repealed.

3 Chapter 1 is further amended by adding immediately after Section 10 the following heading and Sections:

DISTRICT SCHOOL BOARDS

10A (1) On and after the coming into force of this Section and until the election of school boards in 2004,

(a) the school region administered by the Southwest Regional School Board is divided into

(i) a school district composed of Lunenburg County, Queens County and that part of the school region in Annapolis County, and

(ii) a school district composed of Digby County, Shelburne County and Yarmouth County;

(b) the South Shore District School Board is established to administer the public schools in the school district described in subclause (a)(i) and the Tri-county District School Board is established to administer the public schools in the school district described in subclause (a)(ii);

(c) the South Shore District School Board and the Tri-county District School Board are each a body corporate;

(d) all teachers except administrative support staff, teacher assistants, school librarians, school library technicians and school library clerks employed by the Southwest Regional School Board become employees of the district school board that administers the school in which they are employed, the employment and seniority with the Southwest Regional School Board of each teacher, teacher assistant, school librarian, school library technician or school library clerk is deemed to be employment and seniority with the district school board and the continuity of employment and seniority is not broken;

(e) every employee of a district school board who was an employee of the Southwest Regional School Board immediately before the coming into force of this Section is employed by the district school board on the same terms and conditions as to salary and benefits as those under which the employee was an employee at the Southwest Regional School Board and until changed by collective agreement or contract of employment;

(f) every employee of a district school board who was an employee of the Southwest Regional School Board is deemed to have been employed by the district school board for the same period of employment that the employee was credited with as an employee of the Southwest Regional School Board;

(g) benefits accumulated by an employee of the Southwest Regional School Board while employed at the Southwest Regional School Board are vested in the employee and the employee is entitled to receive those benefits from a district school board;

(h) for greater certainty, any collective agreement respecting such teachers, teacher assistants, school librarians, school library technicians or school library clerks, continues in full force and effect and the district school boards are deemed to be the employers under the existing collective agreements in so far as they affect such teachers, teacher assistants, school librarians, school library technicians or school library clerks, for the duration of the agreements or until new agreements are reached;

(i) a district school board is a transferee for the purpose of Section 31 of the Trade Union Act and, without limiting the generality of the foregoing,

(i) a district school board is bound by successor rights as determined pursuant to the Teachers' Collective Bargaining Act and the Trade Union Act, and

(ii) subject to the Teachers' Collective Bargaining Act and the Trade Union Act, a district school board and the employees of the district school board, who are covered by collective agreements, are bound by the collective agreements as if the district school board were a party to them;

(j) notwithstanding clause (d), where a teacher, teacher assistant, school librarian, school library technician or school library clerk is employed in both school districts, the Chief Executive Officer of the Southwest Regional School Board, upon consultation with the directors of education of the district school boards, shall determine the teacher, teacher assistant, school librarian, school library technician or school library clerk's employer;

(k) the assets and liabilities of the Southwest Regional School Board respecting employee benefits and entitlements of teachers, teacher assistants, school librarians, school library technicians and school library clerks are vested in the district school board that becomes their employer pursuant to clause (d) or (j); and

(l) a district school board is a successor employer for the purpose of the Pension Benefits Act.

(2) Until the members of the district school boards are elected in regularly scheduled school board elections, the members of the Southwest Regional School Board are the members of the district school boards but a member is only a member of the district school board that administers the public schools in the electoral district for which the member was elected.

(3) A district school board is a regional school board for the purpose of subsection 42(4).

(4) For greater certainty, each school district has the same electoral districts as the Southwest Regional School Board had within the school district.

(5) For greater certainty, when pursuant to subsection (1) the district school boards cease to exist, all persons employed by the district school boards become the employees of the Southwest Regional School Board and clauses (1)(d) to (i), (k) and (l) apply mutatis mutandis.

10B (1) Notwithstanding any other provision of this Act, the responsibilities of a district school board are limited to

(a) responsibility as the employer of teachers, teacher assistants, school librarians, school library technicians and school library clerks;

(b) policy development respecting and implementation by the director of education of and monitoring of the delivery of education programs and services; and

(c) interaction with school advisory councils,

and, in particular, a district school board shall, in accordance with this Act and the regulations,

(d) carry out the duties of a school board set out in clauses 64(2)(a) to (d), (f), (i), (k), (o) to (q), (s), (t), (w) to (aa), (ah), (ai), (am) and (an);

(e) subject to Section 10D, hire the director of education, principals, teachers, teacher assistants, school librarians, school library technicians and school library clerks;

(f) invite the Department of Education to name a representative to participate in the process of hiring the director of education and to participate in the annual evaluation of the director of education;

(g) identify educational staff-development needs;

(h) establish a district student-discipline policy consistent with the Provincial discipline policy established by the Minister;

(i) develop other district policies, consistent with any policies established by the Minister, that reflect the board's responsibilities, including policies with respect to staffing, student-support services, programs and school-based fund-raising; and

(j) be responsible for the duties of a school board respecting school closings.

(2) In addition to the responsibilities of a school board pursuant to Section 68, a district school board, in carrying out its responsibilities under this Act, shall meet education program, service and performance standards established by the Minister.

10C Where, in the opinion of the Minister, a district school board fails to meet the standards referred to in subsection 10B(2), the Minister may appoint a person to carry out such responsibilities and exercise such authority of the district school board as the Minister determines and in such manner as the Minister determines and, to the extent the Minister determines, the district school board ceases to have such responsibilities or authority.

10D (1) The Minister shall appoint the first director of education for each district school board.

(2) Subject to subsection (1), a district school board shall, in consultation with the Minister, appoint a director of education

(a) through an open and unrestricted competition; and

(b) strictly on the basis of merit, including educational qualifications, professional experience, personal qualities and general ability to discharge the responsibilities of the office.

(3) A director of education shall be the holder of a teacher's certificate.

(4) A director of education holds office for a term of three years and may be re-appointed in accordance with subsection (2).

(5) The Teachers' Collective Bargaining Act and the Teaching Profession Act do not apply to a director of education but, for greater certainty, the Teachers' Pension Act applies to a director of education.

(6) There shall be no superintendent for a district school board.

10E (1) A director of education is accountable to the district school board and has overall responsibility for

(a) the efficient operation of the district school board office; and

(b) the supervision of all employees of the district school board.

(2) It is the duty of a director of education to

(a) implement, administer and evaluate the programs offered by the district school board;

(b) conduct, or cause to be conducted, an annual performance appraisal of every principal, every vice-principal and all other staff employed by the district school board;

(c) provide centralized management of education services for public schools;

(d) oversee the carrying out of the Minister's and the district school board's policies and report annually to the district school board on the carrying out of those policies;

(e) monitor public-school improvement plans, the annual reports of school advisory councils and annually report to the district school board on their status;

(f) ensure that education resources are distributed to public schools in accordance with district school board policies and guidelines;

(g) maintain a safe, orderly and supportive learning environment in all schools in the school district;

(h) provide leadership in the school district in promoting quality education, enhanced community involvement and the efficient delivery of services;

(i) assist principals in efficient and effective management and decision-making at the school level;

(j) work with principals to ensure that students and schools meet the expectations of the school program;

(k) co-operate with the Minister and other departments and agencies of the Government to ensure the effective and efficient carrying out of this Act and the regulations;

(l) report to the district school board as requested by the district school board;

(m) consult with the Chief Executive Officer of the Southwest Regional School Board as the director of education or the Chief Executive Officer considers necessary or advisable; and

(n) perform such other duties as are prescribed by this Act or the regulations or assigned by the district school board.

(3) A director of education is accountable to the district school board for the educational performance of the students and schools in the school district and shall report to the district school board and the Chief Executive Officer of the Southwest Regional School Board annually on such performance.

10F (1) Notwithstanding Section 10A, the Southwest Regional School Board is continued, is composed of its Chief Executive Officer and, for greater certainty, subsection 42(4) and Section 42A do not apply to the Southwest Regional School Board.

(2) For greater certainty, the members of the district school boards are not members of the Southwest Regional School Board.

(3) For greater certainty, upon the establishment of the district school boards, the assets and liabilities, support staff other than teacher assistants, school librarians, school library technicians and school library clerks, and support services of the Southwest Regional School Board remain with the Southwest Regional School Board, including

(a) all matters of financial management;

(b) all matters of student-conveyance management;

(c) all matters of facilities management, except for school closings; and

(d) all matters of human-resources management.

10G (1) So long as the district school boards continue, the Southwest Regional School Board is

(a) responsible for providing the support services to the district school boards; and

(b) jointly responsible with the district school boards to assure quality in the education system by evaluating education programs and services and monitoring their delivery,

and, in particular, the Southwest Regional School Board shall, in accordance with this Act and the regulations,

(c) carry out the duties of a school board set out in clauses 64(2)(e), (g), (h), (j), (v), (ab) to (ag), (ai), (aj) to (al) and (an);

(d) hire and pay the staff of the Southwest Regional School Board;

(e) pay the director of education, principals, teachers and other staff of a district school board and the Chief Executive Officer and other staff of the Southwest Regional School Board;

(f) establish a policy for the protection of employees from harassment and abuse; and

(g) develop policies that reflect the responsibilities for the school region, including policies with respect to transportation.

(2) The Southwest Regional School Board only has the responsibilities of a regional school board as provided by this Act and the regulations.

10H (1) So long as the district school boards continue, there shall be a Chief Executive Officer for the Southwest Regional School Board appointed by the Minister in accordance with the Civil Service Act and there shall be no superintendent for the Southwest Regional School Board.

(2) The Chief Executive Officer holds office for a term of three years and may be re-appointed in accordance with subsection (1).

(3) The Teachers' Collective Bargaining Act, the Teachers' Pension Act and the Teaching Profession Act do not apply to the Chief Executive Officer.

10I (1) The Chief Executive Officer of the Southwest Regional School Board is accountable to the Minister and has overall responsibility for

(a) the efficient fiscal and physical operation of the regional school board office and the public schools in the school region; and

(b) the supervision of all employees of the Southwest Regional School Board.

(2) It is the duty of the Chief Executive Officer to

(a) conduct, or cause to be conducted, an annual performance appraisal of all support staff employed by the Southwest Regional School Board;

(b) provide centralized management of support services for public schools;

(c) oversee the carrying out of the Minister's and the Southwest Regional School Board's policies and report annually to the Minister on the carrying out of those policies;

(d) ensure that resources are distributed to district school boards in accordance with the Minister's policies and guidelines;

(e) maintain safe and secure facilities, and an orderly and supportive learning environment in all schools in the school region;

(f) co-operate with other departments and agencies of the Government to ensure the effective and efficient carrying out of this Act and the regulations;

(g) operate and maintain buildings, equipment, supplies and student conveyance under the jurisdiction of the region composed of both district school boards;

(h) provide to the Minister, respecting both the Southwest Regional School Board's support services and the district school board's educational functions, an annual report as required by the Minister, an audited financial report and a report of the salaries and expenses of employees;

(i) consult with the directors of education for the district school boards as the Chief Executive Officer or the directors of education consider necessary or advisable; and

(j) perform such other duties as are prescribed by this Act or the regulations or assigned by the Minister.

10J Until the election of school boards in 2004, Sections 10A to 10I apply mutatis mutandis to a school region and a school board designated in the regulations and to the extent and upon the terms and conditions set out in the regulations.

10K At least eight months before the election of school boards in 2004, the Minister shall appoint a person who shall, within such terms of reference as the Minister may determine, evaluate and report to the Minister on the operation of the school boards pursuant to Sections 10A to 10I and the Minister shall make the report public.

4 (1) Subsection 13(3) of Chapter 1 is amended by

(a) striking out clauses (b) and (c) and substituting the following clauses:

(b) only an entitled person may nominate a candidate for election as a member of the Conseil acadien and a person nominating such a candidate shall be required to sign a statement stating that person's status as an entitled person, in a form prescribed pursuant to the Municipal Elections Act;

(c) a person applying to vote in an election for the Conseil acadien shall not be required to take an oath or make an affirmation attesting to that person's status as an entitled person but shall be required to sign a statement stating the person's status as an entitled person in a form prescribed pursuant to the Municipal Elections Act;

(b) striking out "directed by the Municipal Elections Officer" in the third and fourth lines of clause (d) and substituting "prescribed by or pursuant to the Municipal Elections Act"; and

(c) striking out clause (e) and substituting the following clause:

(e) for greater certainty, the Minister of Housing and Municipal Affairs may, pursuant to that Act, prescribe or alter any forms under that Act for the purpose of this Section;

(2) Section 13 of Chapter 1 is further amended by adding immediately after subsection (3) the following subsection:

(3A) A returning officer shall accept

(a) subject to subsection 44(5) of the Municipal Elections Act, a signed statement, in a form prescribed pursuant to the Municipal Elections Act, of a candidate that the candidate is an entitled person; or

(b) a statement signed pursuant to clause (3)(b),

as sufficient evidence that the candidate or person is an entitled person.

5 The heading immediately before Section 17 and Sections 17 to 19 of Chapter 1 are repealed.

6 Chapter 1 is further amended by adding immediately after Section 35 the following Section:

35A The termination, for other than just cause, of a teacher's contract at the end of the 1999-2000 school academic year by notice given before May 16, 2000, is revoked and the termination is deemed not to have taken place.

7 Chapter 1 is further amended by adding immediately after Section 42 the following Section:

42A (1) In this Section,

(a) "African Nova Scotian" means a person who is African Nova Scotian or a black person;

(b) "African Nova Scotian elector" means a person who is qualified to vote in an election of a school board who is also

(i) an African Nova Scotian, or

(ii) the parent of an African Nova Scotian.

(2) This Section does not apply with respect to the Conseil acadien.

(3) Notwithstanding any other provision of this Act, the membership of a school board includes, in addition to those members as determined by the Utility and Review Board, one African Nova Scotian representative, elected by African Nova Scotian electors throughout the school district or school region over which the school board has jurisdiction.

(4) The election of the African Nova Scotian member of a school board shall be held at the same time as the regularly scheduled elections to the school board.

(5) Notwithstanding the Municipal Elections Act,

(a) only a person who is

(i) an African Nova Scotian, and

(ii) qualified to be a candidate for election to a school board,

is qualified to be a candidate for election as the African Nova Scotian member of a school board;

(b) only an African Nova Scotian elector may nominate a candidate for election as the African Nova Scotian member of a school board and a person nominating such a candidate shall be required to sign a statement stating that person's status as an African Nova Scotian elector, in a form prescribed pursuant to the Municipal Elections Act;

(c) where a person intends to vote in an election of an African Nova Scotian to a school board, that person shall not be required to take an oath or make an affirmation in a form attesting to that person's status as an African Nova Scotian elector, but shall be required to sign a statement stating that person's status as an African Nova Scotian elector, in a form prescribed pursuant to the Municipal Elections Act;

(d) where a person votes in an election of an African Nova Scotian member of a school board, that fact shall be entered in the poll book in the manner prescribed pursuant to the Municipal Elections Act;

(e) for greater certainty, the Minister of Housing and Municipal Affairs may, pursuant to the Municipal Elections Act, prescribe or alter any forms under that Act for the purpose of this Section; and

(f) the Municipal Elections officer may give such directions as may be necessary for the purpose of this Section.

(6) A returning officer shall accept

(a) subject to subsection 44(5) of the Municipal Elections Act, a signed statement, in a form prescribed pursuant to the Municipal Elections Act, of a candidate that the candidate is an African Nova Scotian as sufficient evidence that the candidate is an African Nova Scotian; or

(b) a statement signed pursuant to clause (5)(b) as sufficient evidence that the person is an African Nova Scotian elector if that person is qualified to vote in an election of a school board.

(7) A signed statement in good faith of a candidate that the candidate is an African Nova Scotian is conclusive evidence that the candidate is an African Nova Scotian.

(8) A statement signed pursuant to clause (5)(b) or (c) in good faith and stating that the person is an African Nova Scotian elector is conclusive evidence that that person is an African Nova Scotian elector, if that person is qualified to vote in an election of a school board.

(9) Except as provided by this Section, the Municipal Elections Act applies mutatis mutandis to the election of the African Nova Scotian member to a school board as if the district or region over which the school board has jurisdiction were a single electoral district.

(10) A qualified African Nova Scotian elector may vote in a school board election for either

(a) a candidate for election as the African Nova Scotian member of the school board; or

(b) a candidate for election to the school board other than as the African Nova Scotian member of the school board,

but not both.

8 Section 40 of Chapter 1 is amended by adding immediately after subsection (2) the following subsection:

(3) Where a district school board has been established by this Act or the regulations, then, so long as the district school board continues, in the school region in which the district school board is established,

(a) a reference to the school board and the superintendent in clause (1)(c) shall be read as a reference to the Minister, the regional school board, the district school board and the director of education;

(b) a reference to the school board, the superintendent or the principal in clause (1)(f) shall be read as a reference to the regional school board; and

(c) every support staff member, other than a teacher assistant, is accountable to the regional school board and subsection (2) does not apply.

9 Subsection 146(1) of Chapter 1 is amended by

(a) adding ", and requiring the collection and payment of fees respecting initial certificates, duplicate certificates and renewal certificates" immediately after "permits" in the last line of clause (e); and

(b) adding immediately after clause (y) the following clauses:

(ya) respecting any matter, including the modification, restriction or enlargement of words, expressions or provisions, that the Governor in Council may deem necessary or advisable to give effect to the establishment and operation of district school boards or a particular district school board;

(yb) prescribing additional duties of a director of education of a district school board;

(yc) prescribing additional duties of the Chief Executive Officer of the Southwest Regional School Board;

(yd) designating a school region and a regional school board or the Conseil acadien for the purpose of Section 10J and determining the extent and terms and conditions upon which Sections 10A to 10I apply in each case;

(ye) determining which provisions of this Act apply to the Southwest Regional School Board, and any school board designated pursuant to clause (yd), and which provisions apply to the district school boards, or to both;

10 The South Shore District School Board and the Tri-county District School Board to be established pursuant to Section 3 are established for the purpose of making and may each make an application pursuant to Section 43 of the Education Act pending the coming into force of Section 3.

11 (1) Clause 1(c) and Section 3 come into force on such day as the Governor in Council orders and declares by proclamation.

(2) Section 6 has effect on and after May 16, 2000.

(3) Section 10 has effect on and after June 1, 2000.