1992 Legislative Session: 1st Session, 35th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
MINISTER OF EDUCATION AND MINISTER RESPONSIBLE
FOR MULTICULTURALISM AND HUMAN RIGHTS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 of the School Act, S.B.C. 1989, c. 61, is amended by repealing the definition of "Provincial school" and substituting the following:
"Provincial school" means
(a) a body of students organized as a unit for educational purposes at an educational institution that is
(i) directly operated and maintained by the minister, and
(ii) under the supervision of a principal,
(b) the staff members associated with the unit, and
(c) the facilities associated with the unit; .
2 Section 6 (2) is repealed and the following substituted:
(2) A student attending a school or a Provincial school shall participate in an educational program as directed by the board or by the principal of the Provincial school, as the case may be.
3 Section 7 is amended by striking out "A parent of a student" wherever it appears and substituting "A parent of a student of school age".
4 Section 8 (1) is repealed and the following substituted:
(1) Parents of students of school age attending a school or a Provincial school may apply to the board or to the minister, as the case may be, to establish a parents' advisory council for that school.
5 Section 9 is repealed and the following substituted:
9 A student and the parents of a student of school age are entitled to examine all student records kept by a board pertaining to that student while accompanied by the principal or a person designated by the principal to interpret the records.
6 Section 16 is repealed and the following substituted:
16 (1) If a board dismisses, suspends or otherwise disciplines a member of the college or a person holding a letter of permission to teach issued under section 25 (3) of the Teaching Profession Act, it shall without delay report the dismissal, suspension or other disciplinary action to the council of the college, giving reasons, and shall send a copy of the report to the member or the person, as the case may be.
(2) If a member of the college or a person holding a letter of permission to teach issued under section 25 (3) of the Teaching Profession Act resigns, the board shall without delay report the circumstances of the resignation to the council of the college where the board considers that it is in the public interest to do so and shall send a copy of the report to the member or the person, as the case may be.
7 Section 48 (1) is repealed and the following substituted:
(1) If a vacancy occurs on a board from among the trustees elected from a municipality, the board shall, within 30 days, notify the council of the municipality of the vacancy and the council shall hold an election of a trustee to fill the vacancy,
(a) if the vacancy is created as a result of an order under section 83 (1) (a) and the order is not appealed to the Court of Appeal within the time limited for bringing an appeal under section 14 (1) of the Court of Appeal Act, within 60 days after the expiry of that appeal period,
(b) if the vacancy is created as a result of an order under section 83 (1) (a) and the order is appealed to the Court of Appeal, within 60 days after
(i) the date that the appeal is abandoned,
(ii) if the appeal is not abandoned, the date that the Court of Appeal pronounces its decision on the appeal, or
(iii) if the Court of Appeal's decision is appealed to the Supreme Court of Canada within the time limited by section 58 of the Supreme Court Act (Canada), the earlier of the date that that appeal is abandoned and the date that that appeal is disposed of by the Supreme Court of Canada, or
(c) in any other case, within 60 days after the date on which the council receives notice of the vacancy.
8 Section 51 (1) is repealed and the following substituted:
(1) If a vacancy occurs on a board of a rural school district or from among the trustees who have been elected to the board of a school district from a rural area, the vacancy shall be filled by the method of election used to elect the trustee whose office has become vacant,
(a) if the vacancy is created as a result of an order under section 83 (1) (a) and the order is not appealed to the Court of Appeal within the time limited for bringing an appeal under section 14 (1) of the Court of Appeal Act, within 60 days after the expiry of that appeal period,
(b) if the vacancy is created as a result of an order under section 83 (1) (a) and the order is appealed to the Court of Appeal, within 60 days after
(i) the date that the appeal is abandoned,
(ii) if the appeal is not abandoned, the date that the Court of Appeal pronounces its decision on the appeal, or
(iii) if the Court of Appeal's decision is appealed to the Supreme Court of Canada within the time limited by section 58 of the Supreme Court Act (Canada), the earlier of the date that that appeal is abandoned and the date that that appeal is disposed of by the Supreme Court of Canada, or
(c) in any other case, within 60 days after the date on which the vacancy occurs.
9 The declaration in section 71 is amended by striking out "to gain my election or appointment," and substituting "to gain my election [or appointment],".
10 Section 72 is amended by striking out "the minister" wherever it appears and substituting "the secretary treasurer of the board".
11 Section 97 (1) and (2) is repealed and the following substituted:
(1) Subject to the orders of the minister, a board shall
(a) establish written procedures regarding the storage, retrieval and appropriate use of student records, and
(b) ensure confidentiality of the information contained in the student records and ensure privacy for students and their families.
(2) Notwithstanding subsection (1), a board shall, where required by the orders of the minister, permit a person providing health services, social services or other support services access to information in student records required to carry out that service.
12 Section 100 (1) is amended by striking out "and" at the end of paragraph (a) and by adding the following:
(a.1) instruction in an educational program after the student has met the general requirements for graduation, and .
13 Section 104 (2) is amended by striking out "and" at the end of paragraph (a) and by repealing paragraph (b).
14 Section 114 is amended by adding the following subsection:
(3) For the purposes of this section "land" includes any interest in land, including any right, title or estate in it of any tenure.
15 Section 139 is amended
(a) by repealing subsection (3) and substituting the following:
(3) If a municipality elects to comply with subsection (2) instead of subsection (1) (b), it shall, in addition to the school taxes it pays to the Minister of Finance and Corporate Relations, pay to the Minister of Finance and Corporate Relations all penalties and interest that it collects in respect of those taxes. , and
(b) in subsection (5) by striking out "the minister" wherever it appears and substituting "the Minister of Finance and Corporate Relations".
16 Section 144 (3) to (5) is repealed and the following substituted:
(3) Subject to subsection (4), where property in a rural area of a school district is exempt from taxation under the Taxation (Rural Area) Act, the property is also exempt from taxation under this Act.
(4) The following are subject to taxation under this Act:
(a) a farmer's dwelling referred to in section 13 (1) (f) of the Taxation (Rural Area) Act;
(b) farm improvements, other than the farmer's dwelling, that are exclusively used to operate a farm but only to the extent that the aggregate of their assessed values exceeds $50 000.
17 Section 171 (5) is repealed and the following substituted:
(5) The secretary treasurer shall, not later than September 30 in each year, forward to the minister a copy of the financial statements together with the auditor's report.
18 Section 182 (2) is amended by striking out "and" at the end of paragraph (j) and by adding the following:
(j.1) respecting the use of student records by boards and the circumstances in which persons other than students and their parents and board employees shall have access to those records, and .
19 Section 188 (1) is repealed and the following substituted:
(1) The Lieutenant Governor in Council may appoint one or more boards of examiners consisting of 2 or more members and a board of examiners so appointed shall include at least one representative of the Ministry of Education and one person appointed to represent the universities named in the University Act and the Trinity Western University Act.
20 This Act comes into force by regulation of the Lieutenant Governor in Council.
[ Return to: Legislative Assembly Home Page ]
Copyright © 1992: Queen's Printer, Victoria, British Columbia, Canada