1995 Legislative Session: 4th Session, 35th Parliament
THIRD READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 7th day of June, 1995
Ian D. Izard, Law Clerk
HONOURABLE ARTHUR CHARBONNEAU
MINISTER OF EDUCATION
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 6.1 of the Independent School Act, S.B.C. 1989, c. 51, is amended by adding the following subsection:
(3) An authority that has made a report to the College of Teachers under this section in respect of a member of the College of Teachers or a person holding a certificate of qualification or a letter of permission issued under the Teaching Profession Act shall, without delay after being requested to do so by the College of Teachers,
(a) provide the College of Teachers with all of the records available to the authority that touch on the matter in respect of which the report was made, and
(b) send a copy of the records referred to in paragraph (a) to the member of the College of Teachers or the person holding the certificate or letter of permission.
2 Section 1 of the School Act, S.B.C. 1989, c. 61, is amended
(a) in the definitions of "annual capital allowance" and "local capital expense" by striking out "allocation of the Provincial block" wherever it appears and substituting "preliminary allocation or final allocation",
(b) by adding the following definition:
"distance education school" means a school that offers instruction to students solely through one or more of the following:
(a) correspondence courses;
(b) telecommunications mediums;
(c) other electronic mediums of communication; ,
(c) by adding the following definitions:
"final allocation" means an allocation to a board under section 125 (2);
"final Provincial funds" means the total amount of Provincial funding established for a fiscal year under section 124 (3); ,
(d) in the definition of "local revenue" by striking out "Provincial block" and substituting "preliminary allocation or the final allocation",
(e) by adding the following definitions:
"preliminary allocation" means an allocation to a board under section 125 (1);
"preliminary Provincial funds" means the total amount of Provincial funding established for a fiscal year under section 124 (2); ,
(f) by repealing the definition of "Provincial block",
(g) by repealing the definition of "regional correspondence school", and
(h) in the definition of "school" by striking out "regional correspondence school;" and substituting "distance education school;".
3 Sections 13 (1) (b), 104 (4) and 131 (1) (b) are amended by striking out "regional correspondence school" wherever it appears and substituting "distance education school".
4 Section 16 is amended by adding the following subsection:
(3) A board that has made a report to the college under this section in respect of 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 shall, without delay after being requested to do so by the college,
(a) provide the college with all of the records available to the board that touch on the matter in respect of which the report was made, and
(b) send a copy of the records referred to in paragraph (a) to the member or the person.
5 Section 61 is amended by adding the following subsection:
(3) If a person appointed or elected as a trustee is disqualified under section 91 of the Municipal Act from being nominated for, being elected to or holding office on a board until after the next general local election, the office to which the person was appointed or elected is deemed to be vacant.
6 Division 1 of Part 8 is repealed and the following substituted:
Division 1 -- Provincial Funding
124 (1) The minister shall establish the preliminary Provincial funds and the final Provincial funds to be paid to boards to be used for the delivery and support of educational programs.
(2) On or before February 1 of each fiscal year, the minister shall
(a) establish the total preliminary amount of Provincial funding for the next fiscal year by multiplying together
(i) an average per student amount, as determined by the minister, and
(ii) the number of full time students or the equivalent of full time students for that next fiscal year, as estimated by the minister, and
(b) announce the amount of the preliminary Provincial funds.
(3) On or before January 31 of each fiscal year, the minister shall
(a) establish the total final amount of Provincial funding for that fiscal year having regard to the following as determined by the minister:
(i) the number of full time students or the equivalent of full time students enrolled in that fiscal year;
(ii) the reasonable costs of delivering and supporting educational programs in one or more school districts, and
(b) announce the amount of the final Provincial funds.
125 (1) The minister shall allocate to each board a portion of the preliminary Provincial funds based on the following as determined by the minister:
(a) the estimated number of students or equivalents referred to in section 124 (2) (a) (ii) enrolled in educational programs provided by the board;
(b) the reasonable costs of delivering and supporting educational programs provided by the board.
(2) The minister shall allocate to each board a portion of the final Provincial funds based on the following as determined by the minister:
(a) the number of students or equivalents referred to in section 124 (3) (a) (i) enrolled in educational programs provided by the board;
(b) the reasonable costs of delivering and supporting educational programs provided by the board.
(3) Each allocation to a board under subsections (1) and (2) shall be divided into the following components:
(a) general operating components;
(b) targeted components;
(c) capital components;
(d) developmental components.
(4) The amount of the final allocation to a board for a fiscal year or of a component of that allocation may differ from the amount of the preliminary allocation to the board for that fiscal year or from the amount of the component of that allocation, as the case may be, based on the following as determined by the minister:
(a) the number of students or equivalents referred to in section 124 (3) (a) (i) enrolled in educational programs provided by the board;
(b) the reasonable costs of delivering and supporting educational programs provided by the board.
(5) The minister may, in respect of an allocation to a board under subsection (1) or (2), provide a direction to the board specifying the manner in which the board must budget, spend and account for one or more of the components referred to in subsection (3) (b), (c) or (d).
(6) Without limiting subsection (5), the minister may, in respect of a targeted component of an allocation to a board, provide a direction to the board specifying
(a) an amount of that component or a minimum amount or percentage of that component that must be budgeted, spent and accounted for by the board
(i) to provide programs or services specified by the minister to students specified by the minister as aboriginal students, or
(ii) to provide programs or services specified by the minister to students specified by the minister as students with special needs,
(b) an amount of that component or the maximum amount or percentage of that component that may be budgeted, spent and accounted for by the board for school or district administration specified by the minister, and
(c) an amount of that component that must be budgeted, spent and accounted for by the board for educational resource materials specified by the minister.
(7) The minister may from time to time vary a direction provided to a board under this section.
(8) A board shall budget, spend and account for the targeted, capital and developmental components of each allocation under subsections (1) and (2) in accordance with any direction of the minister provided to the board in respect of those components under this section.
7 Section 127 (2) is repealed and the following substituted:
(2) The estimates included in the annual budget, other than the debt service expense estimate referred to in section 126, shall not, subject to subsection (2.1), exceed,
(a) in the board's preliminary budget adopted for a fiscal year under section 129 (1) (b), the sum of the preliminary allocation to the board for that fiscal year plus local revenues and appropriated operating reserves, or
(b) in the board's final budget for a fiscal year adopted under section 129 (1) (a), the sum of the final allocation to the board for that fiscal year plus local revenues and appropriated operating reserves.
(2.1) The estimates included in the annual budget, other than the debt service expense estimate referred to in section 126, may exceed a sum calculated under subsection (2) (a) or (b) if the board has held a referendum under section 128 and the referendum approved the amount in excess of that sum.
8 Section 130 is amended by
(a) in subsection (1) by striking out "allocation of the Provincial block" and substituting "allocations under section 125", and
(b) by repealing subsection (2) and substituting the following:
(2) If the amount of the final allocation to a board for a fiscal year differs from the amount of the preliminary allocation to the board for that fiscal year, the Minister of Finance and Corporate Relations shall vary the grant payable to the board under subsection (1) other than the portion of the grant for debt service expenses.
9 Section 133 is amended
(a) by repealing subsection (1) (f) and substituting the following:
(f) the board has not budgeted, spent or accounted for a targeted, capital or developmental component of an allocation under section 125 (1) or (2) in accordance with the directions provided to it in respect of that component by the minister under section 125. , and
(b) by repealing subsection (2) and substituting the following:
(2) Without limiting section 125 (5), the Minister of Education may order that any debt service expenses incurred by a board as a result of the withholding of a grant under subsection (1) of this section shall be paid for from one or more of the board's allocations.
10 Section 135 (1) is amended by striking out "Provincial block and " and substituting "preliminary Provincial funds and final Provincial funds and the".
11 Section 151 (1) (a) is amended by striking out "124 (3)," and substituting "124 (2) and (3),".
12 Section 152 (3) is amended by striking out "the amount of the Provincial block that is" and substituting "the amounts of the preliminary Provincial funds and final Provincial funds that are".
13 Section 170 is amended by adding the following subsections:
(3.1) When directed to do so by the minister, a board shall establish a trust fund
(a) for a purpose specified by the minister, and
(b) in accordance with the terms of the trust determined by the minister.
(3.2) A board that establishes a trust fund under subsection (3.1) shall spend and account for the money in the fund in accordance with the terms of the trust and the directions of the minister.
14 Section 182 (2) (h) is amended by striking out "correspondence" and substituting "distance".
15 Section 189 is amended
(a) in subsection (1) by striking out "and" at the end of paragraph (h), by adding ", and" at the end of paragraph (i) and by adding the following:
(j) respecting the accreditation of schools. , and
(b) by adding the following subsection:
(1.2) Without limiting subsection (1), regulations may be made under subsection (1) (j)
(a) respecting the procedures to be followed in the accreditation process and the duties to be performed in that process by boards, superintendents of schools, teachers, administrative officers and others,
(b) delegating to the minister and boards any powers considered necessary to facilitate the accreditation process including, without limitation, the power to direct the manner in which and the time within which teachers and administrative officers of a school designated for accreditation must assist in securing that accreditation, and
(c) respecting the reporting requirements to be fulfilled in relation to schools to which a certificate of accreditation has been provided.
16 The Schedule is amended by striking out "Provincial block funding allocation" and substituting "preliminary allocation and the final allocation".
17 Section 3 of the Teaching Profession Act, S.B.C. 1987, c. 19, is amended
(a) by repealing subsection (2), and
(b) by adding the following subsections:
(4) Despite section 25 (4), the memberships of all members under subsection (1) (a) or (b) of this section for whom fees required to be paid under section 23 (1) (e) are in arrears, may be terminated and their certificates of qualification cancelled under subsection (5) of this section.
(5) The council may publish a notice at least once in each of 4 consecutive weeks in at least one newspaper having general circulation in British Columbia stating
(a) the date, on or before the first publication of the notice, that will be used in the calculation of a member's arrears for the purposes of paragraph (b), and
(b) the date, at least 90 days after the fourth week of publication of the notice, on which the memberships will be terminated and certificates of qualification will be cancelled for all members under subsection (1) (a) or (b) for whom fees required to be paid under section 23 (1) (e), calculated as of the date referred to in paragraph (a), remain in arrears
and, if a member to whom the notice applies has not paid the arrears applicable to the member by the date referred to in paragraph (b) of this section, the membership is deemed terminated and the certificate of qualification is deemed cancelled for that member without further notice or a hearing.
(6) The notice under subsection (5) need not name individual members and shall be deemed to adequately identify each member under subsection (1) (a) or (b) to whom it applies for the purposes of subsection (5) (b) if it states that it applies to all members under subsection (1) (a) or (b) for whom fees required to be paid under section 23 (1) (e) are in arrears as of the applicable date referred to in subsection (5) (a) of this section.
(7) If a person whose membership is terminated and certificate of qualification is cancelled under subsection (5) was not in fact in arrears or paid the arrears by the date referred to in subsection (5) (b), the college must reinstate the person's membership and certificate of qualification without recourse to sections 25 and 26.
(8) Subject to subsection (7), sections 25 and 26 apply to a person whose membership is terminated and certificate of qualification is cancelled under this section.
18 Section 23 (1) (e) is amended by striking out "suspension of members who" and substituting "suspension or termination of memberships in the event of".
19 Section 25 is amended
(a) by repealing subsection (2), and
(b) in subsection (4) by striking out "The fact" and substituting "Subject to section 3, the fact".
20 Section 28 (3) (a) (i) is repealed.
21 The School Act, as it read before the coming into force of sections 2 (a) and (c) to (f), 6 to 13 and 16 of this Act, applies to the minister and to boards in respect of funding, budgeting, spending and accounting for the 1994-1995 school year.
22 Sections 2 (a) and (c) to (f), 6 to 13 and 16 are deemed to have come into force on February 15, 1995 and are retroactive to the extent necessary to give them effect on and after that date.
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