1993 Legislative Session: 2nd Session, 35th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


HONOURABLE ANITA HAGEN
MINISTER OF EDUCATION AND MINISTER RESPONSIBLE
FOR MULTICULTURALISM AND HUMAN RIGHTS

BILL 19 -- 1993

SCHOOL AMENDMENT ACT, 1993

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 The preamble of the School Act, S.B.C. 1989, c. 61, is repealed and the following substituted:

Preamble

WHEREAS it is the goal of a democratic society to ensure that all its members receive an education that enables them to become personally fulfilled and publicly useful, thereby increasing the strength and contributions to the health and stability of that society;

AND WHEREAS the purpose of the British Columbia school system is to enable all learners to develop their individual potential and to acquire the knowledge, skills and attitudes needed to contribute to a healthy, democratic and pluralistic society and a prosperous and sustainable economy; .

2 Section 1 (1) is amended

(a) by adding the following definition:

"community plan" means,

(a) in respect of a municipality other than the City of Vancouver, an official community plan as defined in section 943 (1) of the Municipal Act, or

(b) in respect of the City of Vancouver, an official development plan as defined in section 559 of the Vancouver Charter; ,

(b) in the definition of "educational program" by striking out "healthy society" and substituting "healthy, democratic and pluralistic society", and

(c) by adding the following definitions:

"day of instruction" means, in respect of any school, a school day in which students of the school are in attendance and under supervision for the purpose of receiving instruction in an educational program including work study and work experience programs, examinations or other learning activities provided by the board;

"guardian of the person", when used in reference to a student or child, means guardian of the person of the student or child within the meaning of the Family Relations Act;

"local government" means

(a) in relation to a regional district, the board of the regional district, or

(b) in relation to a municipality, the council of the municipality;

"local trust area" means a local trust area as defined in the Islands Trust Act;

"local trust committee" means a local trust committee as defined in the Islands Trust Act; .

3 Section 9 is repealed and the following substituted:

Examination of student records

9 (1) A student and the parents of a student of school age are entitled,

(a) on request and while accompanied by the principal or a person designated by the principal to interpret the records, to examine all student records kept by a board pertaining to that student, and

(b) on request and on payment of the fee, if any, charged under subsection (2), to receive a copy of any student record that they are entitled to examine under paragraph (a).

(2) A board may, for any copies of student records provided under subsection (1) (b), charge a fee that does not exceed the cost to the board of providing the copies.

4 The following section is added to Division 1 of Part 3:

Powers to suspend

25.1 An administrative officer of a school or the superintendent of schools may suspend a student of the school if

(a) the rules made under section 103 (2) (c) by the board operating the school do not provide otherwise, and

(b) the suspension is carried out in accordance with those rules.

5 Section 96 is repealed and the following substituted:

School calendar

96 On or before May 31 of each school year, a board shall, for each school in its school district,

(a) make available, in accordance with the regulations, a school calendar for the following school year to every parent of a student in the school, and

(b) specify for the following school year

(i) the length of school days,

(ii) the number of minutes of school operation to be provided in a school day,

(iii) the number of minutes of instruction to be provided in a school day, and

(iv) the number and length of recesses to be provided in a school day.

Standard school calendar

96.1 (1) The Lieutenant Governor in Council shall, by regulation,

(a) set a standard school calendar that is applicable to a period of 5 consecutive school years,

(b) set the first of the standard school calendars required by this section for the 1993-1994 school year and the 4 subsequent school years, and

(c) on or before May 31 of the fourth school year in each period of 5 consecutive school years covered by a standard school calendar, set a new standard school calendar to take effect on the expiry of the then existing standard school calendar.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may, in a standard school calendar set under subsection (1),

(a) set the days in session in a school year,

(b) set a minimum number of days within the days in session that must be days of instruction,

(c) set a maximum number of non-instructional periods within the days in session,

(d) set the number of days in a calendar week within the days in session that are to be school days,

(e) set the minimum number of hours of instruction that must be provided in a school week,

(f) specify the opening and closing dates for schools,

(g) specify the dates of vacation periods and holidays within the days in session, and

(h) set the date for the administrative day.

(3) A board may adopt, in accordance with the regulations, a school calendar that differs from the standard school calendar for one or more of the schools in its school district.

6 Section 142 is repealed and the following substituted:

Taxation of school property

142 (1) In this section "property" means property as defined in the Assessment Act.

(2) Notwithstanding any other enactment, property in which a board has an ownership interest is exempt from taxation if it is

(a) vacant,

(b) used in whole or in part for a school,

(c) used in whole or in part for a purpose ancillary to the operation of a school,

(d) used in whole or in part by the board as a residence, if the residence is available exclusively to the following individuals and the individuals with whom they reside:

(i) students attending a school within the board's school district;

(ii) employees of the board,

(e) leased by the board to an authority within the meaning of the Independent School Act and used in whole or in part for an independent school including any purpose ancillary to the operation of the independent school, or

(f) exempted from tax by a bylaw under section 400 of the Municipal Act by the council of the municipality in which the property is located.

(3) Unless exempted from taxation under subsection (2), property in which a board has an ownership interest is subject to taxation in the name of the board.

(4) Nothing in subsection (2) exempts a property referred to in that subsection from a charge under section 612 (1) (a) or (c), 614, 640 or 641 (1) (a) to (c) of the Municipal Act.

(5) Where property referred to in subsection (3) is subject to taxation in the name of the board,

(a) the taxation imposed is a debt of the board due and payable to the taxing authority but is not subject to penalty additions or interest, and

(b) the property is not subject to tax sale.

(6) Property in which a board has an ownership interest is,

(a) if mortgaged under section 121, liable to be taken in execution by the mortgagee, or

(b) in any other case, not liable to be taken in execution.

(7) Where property that is not exempted from taxation under section 400 of the Municipal Act is leased to a board and used in whole or in part for a school, including any purpose ancillary to the operation of the school, any taxes payable in respect of that property shall be paid by the owner of the property and the board is not liable for the payment of any of those taxes.

(8) Subsection (7) does not apply to charges under section 612 (1) (a) or (c), 614, 640 or 641 (1) (a) to (c) of the Municipal Act.

7 Section 155 is repealed and the following substituted:

Capital projects

155 Subject to the orders of the minister, a board may

(a) engage in a tendering process related to any capital expenditure by the board, and

(b) spend money

(i) for a local capital project, and

(ii) with the approval of the minister, for an annual capital project or a capital plan project.

8 Section 156 is repealed and the following substituted:

Capital plan

156 (1) A board shall, when required by the minister, prepare and submit to the minister a capital plan.

(2) Where one or more community plans have been or are being prepared in respect of areas that include the whole or any part of a school district, the board of the school district shall, when preparing a capital plan under subsection (1) and with a view to rendering that capital plan consistent with those community plans,

(a) review and consider each of those community plans, and

(b) consult in respect of those community plans

(i) with each local government and local trust committee that has prepared or is preparing those plans, or

(ii) in the case of a community plan adopted by a local government before January 1, 1978 that applies, in whole or in part, to land within a local trust area, with each local government and local trust committee that has the authority to amend the community plan in respect of areas that include the whole or any part of the school district.

(3) A capital plan prepared under this section must

(a) be in a form specified by the minister,

(b) set out the plans of the board respecting the development of proposed school sites and facilities and the renovation of existing school facilities in its school district,

(c) set out particulars of all capital projects that the board proposes to undertake during a period specified by the minister other than

(i) local capital projects, and

(ii) annual capital projects,

(d) set out an estimate of the financial resources required for the proposed capital projects set out in the capital plan, and

(e) set out any other information the minister requires.

(4) Before submitting a capital plan to the minister for approval, a board must, by resolution, approve the proposed capital plan.

(5) The minister may approve, approve with modifications or reject a capital plan submitted to the minister under this section.

9 Section 182 (2) is amended by striking out "and" at the end of paragraph (j.1) and by adding the following:

(j.2) establishing policies and procedures that are to be followed by boards in a tendering process related to a capital expenditure by the board,

(j.3) designating one or more of the non-instructional periods permitted under the regulations to be scheduled and used for a specific purpose, and .

10 Section 184 (2) (c) is repealed and the following substituted:

(c) the student or, if the student is of school age, a parent of the student consents in writing to the disclosure.

11 Section 189 is amended

(a) by repealing subsection (1) (b) and substituting the following:

(b) respecting school calendars, , and

(b) by adding the following subsection:

(1.1) Without limiting subsection (1), regulations may be made under subsection (1) (b)

(a) to set a standard school calendar under section 96.1, and

(b) to set the conditions under which school calendars that differ from a standard school calendar may be adopted.

Transitional

12 (1) In this section

"agreement" means an agreement or a collective agreement referred to in sections 26 and 27 of the School Act;

"school calendar provisions" means sections 96, 96.1 and 189 (1) (b) and (1.1) of the School Act as enacted by this Act, and any regulations made under those sections.

(2) The school calendar provisions apply, under sections 26 and 27 of the School Act, to every agreement whether made before or after the coming into force of any of the school calendar provisions, and, without limitation,

(a) are, under section 26 (1) (a) of the School Act, included in the agreement, and

(b) prevail over any conflicting provisions in the agreement.

 
Consequential Amendments

 
Islands Trust Act

13 Section 27 of the Islands Trust Act, S.B.C. 1989, c. 68, is amended by adding the following subsection:

(5) Where a community plan that relates to all or part of a local trust area has been adopted or is being prepared or amended and the portion of the local trust area affected by the community plan includes the whole or any part of one or more school districts, the local trust committee for that local trust area shall, at the time of preparing or amending the community plan, and, in any event, not less frequently than once in each calendar year, consult with the school boards for those school districts and seek their input as to

(a) the actual and anticipated needs for school facilities and support services in the school districts,

(b) the size, number and location of the sites anticipated to be required for the school facilities referred to in paragraph (a),

(c) the type of school anticipated to be required on the sites referred to in paragraph (b),

(d) when the school facilities and support services referred to in paragraph (a) are anticipated to be required, and

(e) how the existing and proposed school facilities relate to existing or proposed community facilities in the area.

 
Municipal Act

14 Section 398 (1) (d) of the Municipal Act, R.S.B.C. 1979, c. 290, is repealed.

15 Section 400 (2) (d) is amended by striking out "section 411 (1)" and substituting "section 142 of the School Act".

16 Section 411 is repealed.

17 The following section is added:

Planning of school facilities

945.1 A local government that has adopted or that proposes to adopt or amend a community plan for an area that includes the whole or any part of one or more school districts shall, at the time of preparing or amending the community plan and, in any event, not less frequently than once in each calendar year, consult with the school boards for those school districts and seek their input as to

(a) the actual and anticipated needs for school facilities and support services in the school districts,

(b) the size, number and location of the sites anticipated to be required for the school facilities referred to in paragraph (a),

(c) the type of school anticipated to be required on the sites referred to in paragraph (b),

(d) when the school facilities and support services referred to in paragraph (a) are anticipated to be required, and

(e) how the existing and proposed school facilities relate to existing or proposed community facilities in the area.

 
Taxation (Rural Area) Act

18 Section 13 (1) (k) of the Taxation (Rural Area) Act, R.S.B.C. 1979, c. 400, is repealed and the following substituted:

(k) buildings and land of a university, orphanage, public hospital, asylum or home for care of the sick, the aged and the infirm or of persons who have a mental or physical disability where the institution is supported in whole or in part by public donations, private charity or grants from the Crown, and the buildings and land are used exclusively for the purposes of the institution; .

 
Vancouver Charter

19 The Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following section:

Planning of school facilities

562.1 The Council, if it has adopted or proposes to adopt, revise or amend an official development plan for all or any part of the city, shall, at the time of preparing, revising or amending the official development plan and, in any event, not less frequently than once in each calendar year, consult with the school boards for the school districts that are wholly or partially included in the area to which the official development plan applies and seek their input as to

(a) the actual and anticipated needs for school facilities and support services in the school districts,

(b) the size, number and location of the sites anticipated to be required for the school facilities referred to in paragraph (a),

(c) the type of school anticipated to be required on the sites referred to in paragraph (b),

(d) when the school facilities and support services referred to in paragraph (a) are anticipated to be required, and

(e) how the existing and proposed school facilities relate to existing or proposed community facilities in the area.

Commencement

20 This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Notes

SECTION 1: amends the preamble to the School Act.

SECTION 2: harmonizes the definition of educational program with the wording of the amended preamble and adds definitions of "community plan", "day of instruction", "guardian of the person", "local government", "local trust area" and "local trust committee".

SECTION 3: clarifies that people entitled to examine a student record are also entitled, for a fee, to receive a copy of it.

SECTION 4: clarifies that administrative officers and the superintendent of schools may suspend students in accordance with the rules of the board.

SECTION 5: requires each school board, by May 31 of a school year, to make available a school calendar and provide specified information in respect of the following school year and requires the Lieutenant Governor in Council to prepare a standard school calendar in conformity with the School Act and its regulations.

SECTION 6: clarifies the tax status of school board properties.

SECTION 7: requires a board to comply with ministerial orders when engaging in a tendering process relative to capital expenditures.

SECTION 8: requires a school board to review and consider the community plans that affect its school district when preparing a capital plan and to consult with the appropriate local governments with a view to rendering the capital plan consistent with the applicable community plans, clarifies the form and content required for a capital plan and requires that a board formally adopt a capital plan before submitting it to the minister for approval.

SECTION 9: permits the minister to make orders establishing methods for handling a tendering process relating to a capital expenditure by a board and designating the purposes for which one or more non-instructional periods may be scheduled.

SECTION 10: clarifies that a parent may consent to the disclosure of information in a student's record that identifies the student if the student is of school age.

SECTION 11: permits the Lieutenant Governor in Council to make regulations respecting school calendars.

SECTION 12: makes all agreements and collective agreements between teachers and a board subject to sections 96, 96.1 and 189 (1) (b) and (1.1) of the School Act as enacted by this Bill and any regulations made under those sections, whether or not the agreement or collective agreement was made before the coming into force of those sections or regulations.

 
Islands Trust Act

SECTION 13: requires local trust committees of local trust areas to consult with the school boards for the school districts located in areas covered by community plans that extend to those local trust areas so as to take into account the present and anticipated needs for school facilities and services in the plans.

 
Municipal Act

SECTION 14: removes from the Municipal Act the exemption from tax that is replaced by the exemption provided by section 142 of the School Act as enacted by this Bill.

SECTION 15: harmonizes the wording of the Municipal Act with the provisions of section 142 of the School Act as enacted by this Bill.

SECTION 16: removes from the Municipal Act the provisions dealing with the taxation of board property that are replaced by the taxation provisions of section 142 of the School Act as enacted by this Bill.

SECTION 17: requires local governments to consult with the school boards for the school districts located in areas covered by the community plans of those local governments so as to take into account the present and anticipated needs for school facilities and services in the plans.

 
Taxation (Rural Area) Act

SECTION 18: harmonizes the wording of the Taxation (Rural Area) Act with the provisions of section 142 of the School Act as enacted by this Bill.

 
Vancouver Charter

SECTION 19: requires the City of Vancouver to consult with the school boards for the school districts located in areas covered by the city's development plans so as to take into account the present and anticipated needs for school facilities and services in the plans.


[ Return to: Legislative Assembly Home Page ]

Copyright © 2002: Queen's Printer, Victoria, British Columbia, Canada