1998/99 Legislative Session: 3rd Session, 36th Parliament
FIRST READING


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


HONOURABLE PAUL RAMSEY
MINISTER OF EDUCATION

BILL 35 -- 1998

EDUCATION STATUTES AMENDMENT ACT, 1998

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

 
Islands Trust Act

1 Section 29 (1) (a) of the Islands Trust Act, R.S.B.C. 1996, c. 239, is amended by striking out "Division 10" and substituting "Division 10 and sections 937.2, 937.3 and 937.5 to 937.91".

 
Municipal Act

2 The Municipal Act, R.S.B.C. 1996, c. 323, is amended by adding the following Division to Part 26:

Division 10.1 -- School Site Acquisition Charges

Definitions

937.2 In this Division:

"approved capital plan" means the current capital plan of a school board as approved under section 142 of the School Act;

"eligible development" means

(a) a subdivision of land in a school district, or

(b) any new construction, alteration or extension of a building in a school district that increases the number of self-contained dwelling units on a parcel;

"eligible development unit" means a self-contained dwelling unit

(a) authorized by a zoning bylaw or any other enactment, for a parcel created by a subdivision of land in a school district, or

(b) created by any new construction, alteration or extension of a building in a school district that increases the number of self-contained dwelling units on a parcel;

"eligible school district" means a school district for which the school board has indicated an eligible school site requirement in its approved capital plan;

"eligible school site requirement" means a requirement for a school site that is set out in

(a) the final resolution of a school board under section 937.4 (5) (a), and

(b) the approved capital plan of the school board;

"school board" means a board as defined in section 1 of the School Act;

"school site acquisition charge" means the charge set under section 937.5.

School site acquisition charge payable

937.3 (1) Every person who obtains subdivision approval or a building permit in respect of an eligible development in an eligible school district must pay to the local government, for each eligible development unit that is authorized or will be created, the school site acquisition charge applicable to that category of eligible development.

(2) A school site acquisition charge is imposed under subsection (1) for the purpose of providing funds to assist school boards to pay the capital costs of meeting eligible school site requirements.

(3) A school site acquisition charge is not payable under subsection (1) if any of the following applies:

(a) the eligible development is within a category that is exempt from school site acquisition charges under the regulations;

(b) a school site acquisition charge has previously been paid for the same eligible development unless, as a result of a further subdivision or issuance of a building permit, more eligible development units are authorized or will be created on the parcel;

(c) the eligible development is authorized by a building permit and will, after the construction, alteration or extension, contain fewer than 4 self-contained dwelling units.

(4) A school site acquisition charge payable under this section must be paid at the applicable time as follows:

(a) if a development cost charge is payable under Division 10 in respect of the eligible development, at the same time as the development cost charge is paid;

(b) if no development cost charge is payable under Division 10, at the time of approval of the subdivision if subdivision is required in respect of the eligible development;

(c) if neither paragraph (a) nor (b) applies, at the time that a building permit is issued in respect of the eligible development.

(5) As an exception to subsection (4), the minister may, in respect of all or different categories of eligible development, by regulation

(a) authorize the payment of school site acquisition charges in instalments, and

(b) prescribe conditions under which the instalments may be paid.

Eligible school site requirements

937.4 (1) In this section, "local government" includes a local trust committee established under the Islands Trust Act.

(2) Before submitting a capital plan for approval under section 142 of the School Act, a school board must consult with each local government in the school district, and the school board and local government must make all reasonable efforts to reach agreement on the following:

(a) a projection of the number of eligible development units to be authorized or created in the school district in the time frame specified by the minister under section 142 of the School Act for school site acquisition planning;

(b) a projection of the number of children of school age, as defined in the School Act, that will be added to the school district as the result of the eligible development units projected under paragraph (a);

(c) the approximate size and the number of school sites required to accommodate the number of children projected under paragraph (b);

(d) the approximate location and value of school sites referred to in paragraph (c).

(3) Following the consultation under subsection (2) with each local government in the school district, the school board must make a written proposal that sets out its projections on each matter referred to in subsection (2) (a) to (d) for the school district.

(4) The school board must

(a) consider the proposal referred to in subsection (3) at a public meeting of the school board, and

(b) provide written notice of the date, time and place of the meeting to each local government in the school district.

(5) After considering the proposal referred to in subsection (3) at one or more meetings under subsection (4), the school board must

(a) pass a resolution setting out its decisions respecting the matters referred to in subsection (3), and

(b) forward a copy of the resolution to each local government in the school district and request that the local government consider the proposed eligible school site requirements.

(6) A local government that has received a request under subsection (5) (b) must consider the school board's resolution at a regular council meeting and, within 60 days of receiving the request,

(a) pass a resolution accepting the school board's resolution of proposed eligible school site requirements for the school district, or

(b) respond in writing to the school board indicating that it does not accept the school board's proposed school site requirements for the school district and indicating

(i) each proposed eligible school site requirement to which it objects, and

(ii) the reasons for the objection.

(7) If a local government fails to respond within the time required by subsection (6), it is deemed to have agreed to the proposed eligible school site requirements for the school district set out in the school board's resolution.

(8) If the local government provides notice under subsection (6) that it does not accept the proposed eligible school site requirements for the school district, the minister responsible for the School Act must appoint a facilitator, whose responsibilities are to

(a) advise all local governments in the school district of his or her appointment, and

(b) assist the school board and the local governments to reach an agreement on proposed eligible school site requirements.

(9) If the school board and the local governments reach an agreement under subsection (8), the school board must

(a) amend the resolution under subsection (5) or pass a new resolution under that subsection to reflect the agreement, and

(b) forward a copy of the new or amended resolution to each local government in the school district.

(10) If no agreement is reached under subsection (8), the facilitator must

(a) make a report to the minister and the minister responsible for the School Act setting out the disagreement between the parties and must make recommendations as to the resolution of the disagreement, and

(b) provide a copy of the report to the school board and each local government in the school district.

(11) The school board must attach a copy of the facilitator's report to its capital plan submitted under section 142 of the School Act.

Setting school site acquisition charges

937.5 (1) Subject to the regulations, within 60 days of receiving approval of its capital plan under section 142 of the School Act, the school board of an eligible school district must, by bylaw, set the school site acquisition charges applicable to the prescribed categories of eligible development for the school district in accordance with the following formula:

SSAC = [(A × B) ÷ C] × D

where

SSAC = the school site acquisition charge applicable to each prescribed category of eligible development;

A = the value of land required to meet the school board's eligible school site requirements;

B = 35%, or, if another percentage is set by regulation, that other percentage;

C = the number of eligible development units set out in the final resolution of the school board under section 937.4;

D = a factor set by regulation for the prescribed categories of eligible development.

(2) The amount of a school site acquisition charge set under subsection (1) may not exceed the maximum charge prescribed by regulation for each prescribed category of eligible development.

(3) Subject to subsection (4), a school site acquisition charge does not come into effect until 60 days after the day on which the bylaw setting the charge is adopted by the school board.

(4) If, after an application for a subdivision of land or for the issuance of a building permit in respect of an eligible development has been submitted to an approving officer or a local government, as the case may be, and the applicable fee has been paid,

(a) a school site acquisition charge comes into effect with respect to that eligible development, or

(b) the school site acquisition charge applicable to that eligible development is increased,

the charge or increase does not apply to that eligible development for a period of 12 months after the school site acquisition charge bylaw comes into effect.

Provision of land for school sites

937.6 A person who is required to pay a school site acquisition charge under section 937.3 may, in place of the charge, or in partial payment of the charge, provide land to the local government or to the school board but only if all of the following agree to the provision of that land:

(a) the local government;

(b) the school board having responsibility for the school district in which the land is located;

(c) the person otherwise required to pay the school site acquisition charge.

No subdivision or building permit unless charge paid

937.7 If a school site acquisition charge is payable under section 937.3 in respect of a subdivision approval or the issuance of a building permit, final subdivision approval must not be given and a building permit must not be issued unless one or more of the following has occurred:

(a) the applicable school site acquisition charge has been paid to the local government;

(b) if land is to be provided in the place of a school site acquisition charge under section 937.6,

(i) a registrable transfer of land has been provided to the local government or the school board, as the case may be, or

(ii) in the case of an application for approval of a subdivision, the approving officer has endorsed on the subdivision plan a statement that final approval to the subdivision is given on the condition that the registrable transfer of land will accompany the application to deposit the subdivision plan in the land title office;

(c) the person otherwise required to pay the charge has provided to the local government, in a form satisfactory to the local government, security for payment of the school site acquisition charge or security for the provision of the land referred to in paragraph (b).

Credit for previous contributions

937.8 (1) If a person who is required to pay a school site acquisition charge under section 937.3 has already

(a) provided land for a school site in the school district, or

(b) paid all or part of the cost of a school site in the school district,

the local government may, with the agreement of the school board, deduct the value of that land or the amount paid or a portion of either from the school site acquisition charge that is payable in respect of an eligible development.

(2) A deduction may not be made under subsection (1)

(a) for land or money provided to the local government under an agreement entered into under section 942 as it read before this section comes into force, or

(b) for land or money provided to the local government or the school board under a bylaw made under section 937.5.

Transfer to school board

937.9 (1) The local government to which a school site acquisition charge has been paid must, promptly after receiving payment, provide the money to the school board of the school district in which the eligible development is located.

(2) If land is provided to a local government under section 937.6, the local government to which the land is provided must, promptly after receiving title to the land, transfer title to the land to the school board having responsibility for the school district in which the eligible development is located.

(3) Despite subsection (1) or (2), a local government may charge a school board administration fees and disbursements authorized by the regulations.

Regulations for this Division

937.91 The Lieutenant Governor in Council may make regulations as follows:

(a) prescribing categories of eligible development that are exempt from school site acquisition charges under section 937.3 (1);

(b) requiring a local government or school board to supply information for the purpose of section 937.4;

(c) prescribing categories of eligible development for the purposes of this Division;

(d) prescribing a percentage for the value "B" in the formula set out in section 937.5 (1);

(e) prescribing factors for each prescribed category of eligible development for the value "D" in the formula set out in section 937.5 (1);

(f) establishing maximum school site acquisition charges payable with respect to the different categories of eligible development;

(g) respecting the setting of school site acquisition charges under section 937.5 and, without limitation, enabling or requiring a school district to calculate different school site acquisition charges for one or more local governments in the school district;

(h) governing the procedure a local government or a school board must follow for the purpose of the calculation referred to in paragraph (g);

(i) respecting administration fees and disbursements that may be charged under section 937.9 (3).

3 Section 941 (4) is amended by striking out "Subject to section 942 (6), the amount" and substituting "The amount".

4 Section 942 is repealed.

 
School Act

5 Section 75 (8) of the School Act, R.S.B.C. 1996, c. 412, is repealed and the following substituted:

(8) A board may, in accordance with any terms and conditions specified by the board, permit a person who is older than school age

(a) to attend an educational program, or

(b) to enroll in an educational program that provides instruction sufficient to meet the requirements for graduation set out in the orders of the minister.

6 Section 82 is amended

(a) by adding the following subsections:

(2.1) Subject to subsection (2.2), if a board permits a student who is older than school age and is ordinarily resident in its school district to enroll in an educational program leading to graduation, the board must provide free of charge to that student

(a) instruction in the educational program sufficient to meet the requirements for graduation set out in the orders of the minister, and

(b) educational resource materials necessary to participate in the educational program.

(2.2) Subsection (2.1) does not apply to a student who has

(a) already met the requirements for graduation set out in the orders of the minister, or

(b) completed the requirements for graduation from a secondary school or high school in another jurisdiction. , and

(b) in subsection (3) by striking out "Subject to subsection (1)" and substituting "Subject to subsections (1) and (2.1)".

7 Section 101 is repealed and the following substituted:

School sites under the Municipal Act

101 (1) If money is provided to a board by a local government under section 937.9 (1) of the Municipal Act, or money is received as proceeds of a sale of land provided to the school board under section 937.6 or transferred to the board under section 937.9 (2) of that Act, the board must, immediately after receipt of the money, deposit it in a land capital reserve trust fund in the board's name established for that purpose.

(2) The land capital reserve trust fund established under subsection (1) must be kept separate from the other accounts held in the board's name.

(3) A board may only use money provided from a local government under section 937.9 (1) of the Municipal Act, or received as proceeds of a sale of land provided to the school board under section 937.6 or transferred to the board under section 937.9 (2) of that Act,

(a) for the acquisition of land to meet the board's eligible school site requirements,as defined in section 937.2, of that Act,

(b) to pay administration fees and disbursements authorized by a regulation made under section 937.91 (i) of that Act, and

(c) to pay any disbursements related to the sale, transfer or subdivision of land received under Division 10.1 of Part 26 of that Act.

8 Section 107 is amended

(a) by adding the following subsections:

(3.1) The minister may, in determining the number of full time students or the equivalent of full time students under subsection (2) (a) or (3) (a), take into account the aggregate of the maximum number of students that the minister establishes under section 108 (2.1) for each board.

(3.2) The minister may, in determining the reasonable costs referred to in subsection (3) (a) (ii), use different per student amounts for different categories of students. , and

(b) by repealing the definition of "student" in subsection (4) and substituting the following:

"student" means a person enrolled in an educational program provided by a board to whom instruction in the educational program is required to be provided free of charge under section 82 (1) or (2.1) but does not include a person who is enrolled in a Provincial resource program or a distance education school.

9 Section 108 is amended

(a) by adding the following subsections:

(2.1) The minister may, by order, establish a maximum number of students referred to in section 82 (2.1) that the minister will include in the determination of the number of students or equivalents under subsection (1) (a) or (2) (a) of this section.

(2.2) The minister may, in determining the reasonable costs referred to in subsection (1) (b) or (2) (b), use different per student amounts for different categories of students.

(2.3) If, in relation to a particular board, the minister is of the opinion that the rate of successful completion of courses for students referred to in section 82 (2.1) enrolled with the board is unsatisfactory, the minister may withhold or reduce, to a maximum of 10%, that portion of an allocation under subsection (1) or (2) of this section that relates to those students. , and

(b) by repealing the definition of "student" in subsection (9) and substituting the following:

"student" means a person enrolled in an educational program provided by a board to whom instruction in the educational program is required to be provided free of charge under section 82 (1) or (2.1) but does not include a person who is enrolled in a Provincial resource program or a distance education school.

10 Section 166.25 (7) is repealed and the following substituted:

(7) A francophone education authority may, in accordance with any terms and conditions specified by the authority, permit a person who is older than school age but who is the child of an eligible parent or immigrant parent

(a) to attend a francophone educational program provided by the authority, or

(b) to enroll in a francophone educational program that provides instruction sufficient to meet the requirements for graduation set out in the orders of the minister.

11 Section 175 (2) is amended by adding the following paragraph:

(k) deeming one or more categories of persons to be ordinarily resident in a school district or in British Columbia for the purposes of section 82.

Transitional -- school sites

12 (1) Section 937.3 of the Municipal Act, as enacted by this Act, does not apply to

(a) a subdivision of land if, before the coming into force of this section,

(i) an application for the subdivision had been submitted, and

(ii) either or both of preliminary approval or final approval for the subdivision had been obtained, and

(b) a building permit issued before the coming into force of this section.

(2) Despite the repeal of section 942 of the Municipal Act by this Act, the obligation of a person to pay money or provide land under an agreement entered into under that section continues to apply to that person for a period of 12 months after a bylaw under section 937.5 (1) of that Act comes into effect.

Transitional -- funding

13 Sections 107 (3.1) and 108 (2.1) and (2.3) of the School Act, as enacted by sections 8 and 9 of this Act, apply for the purposes of the 1998-99 and subsequent fiscal years of school boards.

Commencement

14 (1) This Act comes into force by regulation of the Lieutenant Governor in Council.

(2) When brought into force by regulation, sections 8 and 9 are retroactive to the extent necessary to give them force and effect in accordance with section 13.

 
Explanatory Notes

SECTION 1: [Islands Trust Act, amends section 29 (1) (a)] adds a reference to the new Division added to the Municipal Act by this Bill.

SECTION 2: [Municipal Act, enacts Division 10.1] adds Division 10.1 to Part 26 of the Municipal Act.

SECTION 3: [Municipal Act, amends section 941 (4)] strikes out references to the previous school site acquisition scheme, which is contained in section 942 of the Municipal Act.

SECTION 4: [Municipal Act, repeals section 942] repeals the current school site acquisition scheme.

SECTION 5: [School Act, repeals and replaces section 75 (8)] clarifies that a school board may enroll a person who is over school age in an educational program leading to graduation.

SECTION 6: [School Act, amends section 82] adds subsections (2.1) and (2.2) to provide that, if a school board permits a person who is over school age and has not yet graduated to enroll in an educational program leading to graduation, the board is required to provide that program free of charge.

SECTION 7: [School Act, re-enacts section 101] re-enacts the section relating to the school site acquisition scheme to reflect the changes made to the Municipal Act by this Bill.

SECTION 8: [School Act, amends section 107]

SECTION 9: [School Act, amends section 108]

SECTION 10: [School Act, repeals and replaces section 166.25 (7)] clarifies that a francophone education authority may enroll a person who is over school age in a francophone educational program leading to graduation.

SECTION 11: [School Act, amends section 175 (2)] adds paragraph (k) to permit the making of regulations that deem categories of persons to be ordinarily resident in a school district or in British Columbia for the purposes of section 82.

SECTION 12: [Municipal Act, Transitional -- school sites]

SECTION 13: [School Act, Transitional -- funding] provides that certain provisions of the School Act apply for the purposes of the current fiscal year of school boards.


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