2002 Legislative Session: 3rd Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE CHRISTY CLARK
MINISTER OF EDUCATION AND DEPUTY PREMIER
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 (1) of the School Act, R.S.B.C. 1996, c. 96, is amended
(a) by adding the following definition:
"accountability contract" means an accountability contract prepared and submitted under section 79.2; ,
(b) by repealing the definition of "administrative officer",
(c) by adding the following definition:
"annual budget" means the budget for a fiscal year as adopted or amended by a board under section 113; ,
(d) by repealing the definition of "annual capital allowance" and substituting the following:
"annual capital grant" means a grant to a board under section 115.1; ,
(e) in paragraph (b) of the definition of "annual capital expense" by striking out "annual capital allowance" and substituting "annual capital grant",
(f) by adding the following definition:
"catchment area" means, in relation to a school, the geographical area established under section 75.1 as the catchment area for the school; ,
(g) by adding the following definition:
"chief financial officer" means an individual appointed as the chief financial officer of a francophone education authority under section 166.27; ,
(h) by adding the following definitions:
"debt service grant" means a grant to pay the estimate, approved by the minister under section 110 (2), of a board's debt service expenses for the fiscal year;
"district parents' advisory council" means, in relation to a school district, the district parents' advisory council established for that school district under section 8.4; ,
(i) by repealing the definitions of "final allocation" and "final Provincial funds",
(j) by repealing the definition of "francophone administrative officer",
(k) in paragraph (a) of the definition of "francophone school" by striking out "francophone administrative officer," and substituting "francophone principal, francophone vice principal or francophone director of instruction,",
(l) in the definition of "francophone teacher" by striking out "or a francophone administrative officer;" and substituting ", a francophone principal, a francophone vice principal or a francophone director of instruction;",
(m) by adding the following definition:
"joint capital project" means a capital project that consists of a capital plan project and a local capital project; ,
(n) in paragraph (b) (iii) of the definition of "local capital expense" by striking out "preliminary allocation or final allocation other than its annual capital allowance or other allowances" and substituting "operating grant or other grants",
(o) in the definition of "local revenue" by striking out "the preliminary allocation or the final allocation" and substituting "an operating grant",
(p) by adding the following definitions:
"minister of finance" means the minister responsible for the Financial Administration Act;
"minister of revenue" means the minister responsible for the Income Tax Act;
"ministry" means the ministry continued under section 167 (1); ,
(q) in the definition of "operating expenses" by adding "and" at the end of paragraph (c) and by repealing paragraph (d),
(r) by adding the following definition:
"operating grant" means a grant to a board or francophone education authority as determined under section 106.3; ,
(s) by adding the following definition:
"parents' advisory council" means, in relation to a school, the parents' advisory council established for that school under section 8; ,
(t) by repealing the definitions of "preliminary allocation" and "preliminary Provincial funds",
(u) by adding the following definition:
"Provincial funding" means the amount of Provincial funding established for a fiscal year under section 106.2; ,
(v) in paragraph (a) of the definition of "school" by striking out "an administrative officer," and substituting "a principal, vice principal or director of instruction,",
(w) by adding the following definition:
"school planning council" means, in relation to a school, the school planning council established for that school under section 8.1; , and
(x) in the definition of "teacher" by striking out "or administrative officer;" and substituting ", principal, vice principal or director of instruction;".
2 Section 2 is amended
(a) by renumbering the section as section 2 (1),
(b) in subsection (1) by striking out "A person" and substituting "Subject to section 74.1, a person", and
(c) by adding the following subsection:
(2) Subject to section 74.1, a person may enroll in an educational program provided by a board of a school district and attend any school in British Columbia if
(a) the person is of school age,
(b) the person is resident in British Columbia, and
(c) the board providing the educational program determines that space and facilities are available for the person at the school in which the educational program is made available.
3 Sections 4 and 7 (2) are amended by striking out "or administrative officer" wherever it appears and substituting ", principal, vice principal or director of instruction".
4 Section 7 (1) (b) is repealed and the following substituted:
(b) on request, to the school plan for the school and the accountability contract for the school district, and .
5 Section 8 (4) and (5) is repealed and the following substituted:
(4) A parents' advisory council, through its elected officers, may
(a) advise the board and the principal and staff of the school or the Provincial school respecting any matter relating to the school or the Provincial school, other than matters assigned to the school planning council, and
(b) at the request of the school planning council, assist the school planning council in carrying out its functions under this Act.
(5) A parents' advisory council, in consultation with the principal, must make bylaws governing its meetings and the business and conduct of its affairs, including bylaws governing
(a) the dissolution of the parents' advisory council,
(b) the election of members to represent the parents' advisory council on the school planning council, and
(c) the election of a member to represent the parents' advisory council on the district parents' advisory council.
(6) Voting at an election referred to in subsection (5) (b) and (c) must be by secret ballot.
6 The following sections are added to Division 2 of Part 1:
8.1 (1) A board must establish a school planning council for each school, except a Provincial resource program, in its school district.
(2) At the request of 3 parents of students attending a Provincial resource program, a board may establish a school planning council for the Provincial resource program.
(3) A school planning council for a school consists of the following persons:
(a) the principal of the school;
(b) one of the teachers at the school, elected annually by secret ballot by the teachers who teach at the school;
(c) 3 representatives of the parents' advisory council who are
(i) parents of students enrolled in the school, and
(ii) elected annually by the parents' advisory council.
(4) One of the representatives elected under subsection (3) (c) must be an elected officer of the parents' advisory council.
(5) A board may appoint a person to fill a vacancy on a school planning council if
(a) there is no parents' advisory council for the school,
(b) the parents' advisory council for the school does not elect 3 representatives under subsection (3) (c), or
(c) the teachers at the school do not elect a representative under subsection (3) (b).
(6) The term of office of a person appointed or elected under this section to the school planning council must not be more than one year.
(7) An employee of any board is not eligible for election under subsection (3) (c) or an appointment in the circumstances referred to in subsection (5) (a) or (b).
8.2 A board must consult with a school planning council in respect of the following:
(a) the allocation of staff and resources in the school;
(b) matters contained in the board's accountability contract relating to the school;
(c) educational services and educational programs in the school.
8.3 (1) In each school year, a board must approve a school plan for every school in the school district.
(2) By a date set by the board, a school planning council must prepare and submit to the board a school plan for the school in respect of improving student achievement and other matters contained in the board's accountability contract relating to that school.
(3) A school planning council must consult with the parents' advisory council during the preparation of the school plan.
(4) The board may approve, approve with modifications or reject a school plan submitted under subsection (2) or (6).
(5) Before approving a school plan, the board may
(a) consult with the school planning council about modifications to the school plan, or
(b) direct the school planning council to modify all or part of the school plan by a specified date.
(6) The board may direct the principal of a school to prepare and submit to the board a school plan for the school by a specified date if
(a) the school planning council does not submit a school plan under subsection (2),
(b) the school planning council does not comply with a direction of the board under subsection (5) (b), or
(c) the board rejects the school plan submitted under subsection (2).
(7) A board must make a school plan approved under subsection (4) available to the parents of students attending that school.
8.4 (1) A parents' advisory council, through its elected officers, may apply to the board for the establishment of a district parents' advisory council.
(2) On receipt of an application under subsection (1), the board must establish a district parents' advisory council for the school district consisting of representatives elected to the council under subsection (3).
(3) Each parents' advisory council in a school district may elect annually one of its members to be its representative on the district parents' advisory council for a term of not more than one year.
(4) There must be only one district parents' advisory council for each school district.
8.5 (1) Subject to section 67 (5.1), the district parents' advisory council may advise the board on any matter relating to education in the school district.
(2) A district parents' advisory council must make bylaws governing its meetings and the business and conduct of its affairs, including bylaws governing the dissolution of the council.
(3) A superintendent of schools for the school district, a designate of the superintendent or a trustee of the school district may attend any meeting of the district parents' advisory council.
7 Section 13 (2) is amended
(a) in paragraph (a) by striking out "administrative officer" and substituting "principal, vice principal or director of instruction", and
(b) in paragraph (b) by striking out "francophone administrative officer" and substituting "francophone principal, francophone vice principal or francophone director of instruction".
8 Section 17 (1) is amended by striking out "providing instruction to" and substituting "instructing, assessing and evaluating".
9 Section 18 (2) is amended by striking out "or administrative officer." and substituting "principal, vice principal or director of instruction."
10 Section 19 (1) is amended by striking out "administrative officer," and substituting "principal, vice principal, director of instruction,".
11 Section 20 is amended
(a) in subsection (1) by striking out "an administrative officer" and substituting "a principal, vice principal or director of instruction", and
(b) in subsections (2) and (3) by striking out "An administrative officer" and substituting "A principal, vice principal or director of instruction".
12 Section 21 is amended
(a) by striking out "an administrative officer" wherever it appears and substituting "a principal, vice principal or director of instruction", and
(b) in subsection (1) by striking out "the administrative officer" and substituting "the principal, vice principal or director of instruction".
13 Section 26 is amended by striking out "An administrative officer" and substituting "A principal, vice principal or director of instruction".
14 Section 27 (3) (b) is amended by striking out "administrative officers" and substituting "principals, vice principals or directors of instruction".
15 Section 67 is amended by adding the following subsection:
(5.1) Without limiting subsection (5), a board may establish procedures respecting the provision of advice by a district parents' advisory council to the board.
16 Section 73 (1) (a) is amended by striking out "with the approval of" and substituting "subject to the orders of".
17 Section 74 (2) is amended by striking out "an administrative officer" and substituting "a principal, vice principal or director of instruction".
18 The following section is added:
74.1 (1) In this section:
"catchment area child" means a person
(a) of school age, and
(b) resident in the catchment area of the school;
"non-catchment area child" means a person
(a) of school age,
(b) resident in the school district, and
(c) not resident in the catchment area of the school;
"non-school district child" means a person
(a) of school age,
(b) resident in British Columbia, and
(c) not resident in the school district;
"previous school year" means the school year previous to the school year for which the person is applying to enroll in an educational program;
"school district child" means a catchment area child or a non-catchment area child.
(2) A board must enroll all persons who exercise their entitlement to enroll in an educational program under section 2 (1).
(3) A board may refuse to enroll a non-school district child under section 2 (2) if the child is
(a) a student suspended by a board under section 85 (2) (d), or
(b) a student to whom a board has refused to offer an educational program under section 85 (3).
(4) A board
(a) for each school year, must establish a date by which an application to enroll a person in an educational program must be received by the board for the purposes of this section,
(b) in respect of the date referred to in paragraph (a), may establish different dates for different grades, educational programs, schools or children defined in subsection (1), and
(c) may dispense with the application referred to in paragraph (a) and establish an alternative procedure to enroll a school district child who was enrolled in an educational program in the school district in the previous school year.
(5) If a board establishes an alternative application procedure under subsection (4) (c), the enrollment of a school district child remains subject to the priorities set out in this section.
(6) If a board determines that space and facilities are available at the school in which the educational program is made available, a person whose application was received by the board by the date established under subsection (4) is entitled to enroll in that educational program in the following descending order of priority:
(a) a catchment area child who, in the previous school year, attended the school at which the educational program is made available;
(b) a catchment area child;
(c) a non-catchment area child;
(d) a non-school district child.
(7) If a board determines that space and facilities are available at the school in which the educational program is made available, a non-school district child referred to in subsection (6) is entitled to enroll in an educational program in priority to a school district child whose application was received by the board after the date established under subsection (4).
(8) If 2 or more persons have the same priority under this section, the persons have, as between themselves, priority according to the date and time their respective applications to enroll were received by the board.
(9) For the purposes of this section, a person's residency is determined as of the date the application to enroll the person is submitted to the board.
19 Section 75 is amended
(a) in subsection (1) by striking out "of school age resident in its district who enroll in schools in the district." and substituting "of school age who enroll in a school in the district.",
(b) by repealing subsection (2) and substituting the following:
(2) A board may provide an educational program to persons referred to in subsection (1)
(a) in its own school district, or
(b) with the consent of a parent of the person referred to in subsection (1), in another school district or in a francophone school district. ,
(c) in subsection (3) (c) by adding "and with any consent required under subsection (2) (b)" after "or a francophone education authority",
(d) in subsection (4) by striking out "A board" and substituting "Subject to section 74.1, a board",
(e) by repealing subsection (5), and
(f) by repealing subsection (7) and substituting the following:
(7) Subject to the regulations, a board
(a) is responsible for evaluating all of the educational programs and services provided by the board, including services provided under an agreement under section 86 (1) (a), and
(b) must have students assessed and evaluated by a member of the college.
20 The following section is added:
75.1 (1) A board must establish for each school in its school district, except for a Provincial resource program or a distance education school, a catchment area consisting of a geographical area around the school that includes all or part of the school district.
(2) A board may amend the catchment area established for a school under subsection (1).
21 The following section is added:
79.2 (1) A board must prepare an accountability contract with respect to improving student achievement in the school district and any other matters ordered by the minister.
(2) On or before October 31 of each year, a board must submit its accountability contract for the school year to the minister and must make its accountability contract available to residents of the school district and to parents of students attending schools in the district.
22 Section 80 is repealed.
23 Section 81 is repealed and the following substituted:
81 A board must prepare and submit to the minister reports and statements in the form, with the information and at the time required by the minister.
24 Section 82 is amended
(a) in subsections (1) and (2.1) by striking out "its school district" and substituting "British Columbia",
(b) in subsection (1) by striking out "in a school," and substituting "in a school operated by the board,", and
(c) by repealing subsection (2) and substituting the following:
(2) For the purposes of subsection (1), a student is resident in British Columbia if the student and the guardian of the person of the student are ordinarily resident in British Columbia.
25 Section 83 (b) is amended by striking out "the approval of" and substituting "the orders of".
26 Section 85 (2) (k) is amended by striking out "resident" and substituting "enrolled in an educational program".
27 Section 86 (1) (a) is repealed and the following substituted:
(a) enter into an agreement to purchase or provide managerial, administrative or other services with respect to the operation of schools in a district,
(a.1) enter into an agreement to purchase educational services that will be under the general supervision of an employee of the board who is a member of the college, and .
28 The following section is added to Division 3 of Part 6:
87.1 In this division, "minister of health" means the minister responsible for Part 3 of the Health Act.
29 Sections 89 (1) and (2) and 90 (1) are amended by striking out "Minister of Health" wherever it appears and substituting "minister of health".
30 Section 91 is amended
(a) in subsection (1) by striking out "Minister of Health" and substituting "minister of health",
(b) in subsection (5) by striking out "or administrative officer" and substituting ", principal, vice principal or director of instruction", and
(c) in subsection (5) by striking out "or the administrative officer" and substituting ", the principal, the vice principal or the director of instruction".
31 Section 92 (2) (b) is amended by striking out "Minister of Health" and substituting "minister of health".
32 The following Part is added:
Part 6.1 -- Companies
Division 1 -- Interpretation
95.1 (1) In this Part:
"board" includes a francophone education authority;
"company" means a corporation incorporated under this Part;
"diploma" means a diploma or certificate that may be provided to a person who has met the general requirements for graduation from an educational program;
"director" has the same meaning as in section 1 (1) of the Company Act;
"member" means, in relation to a company, the board that incorporates the company, or, if the board disposes of the share referred to in section 95.25 (1), the person who owns the share;
"memorandum" means the document described in section 95.2 that has been signed in accordance with section 95.21.
(2) In this Part, in respect of a francophone education authority incorporating a company or a company incorporated by it, a reference in this Part
(a) to "secretary treasurer" must be read as a reference to "chief financial officer", and
(b) to "trustee" must be read as a reference to "director" as defined in section 166.1.
95.11 (1) Section 1 of the Company Act, except the definitions of "company", "member" and "memorandum", applies for the purposes of this Part.
(2) For the purposes of this Part, a reference in the Company Act
(a) to a form under the Company Act or set out in the schedules to that Act must be read as a reference to the corresponding form prescribed under this Act or, if none, to the form under that Act with the necessary changes to adapt the form for the purposes of this Act,
(b) to "this Act" must be read as a reference to this Part and the provisions of the Company Act that apply for the purposes of this Part,
(c) to "company" must be read as a reference to "company", as defined in section 95.1 (1),
(d) to "member" must be read as a reference to "member", as defined in section 95.1 (1),
(e) to "memorandum" must be read as a reference to "memorandum", as defined in section 95.1 (1), and
(f) to "minister" must be read as a reference to the minister who is responsible for the administration of this Act.
95.12 Provisions of the Company Act that apply for the purposes of this Part apply subject to a regulation made under section 95.9 (2) (b).
Division 2 -- Incorporation
95.2 (1) A board may form a company by
(a) adopting, by bylaw, a memorandum and articles, and
(b) complying with this Division.
(2) The memorandum must
(a) be in the prescribed form,
(b) be divided into paragraphs numbered consecutively,
(c) set out the name and mailing address of the board incorporating the company,
(d) set out the name of the company,
(e) set out the authorized capital of the company,
(f) set out every restriction, if any,
(i) on the business that may be carried on by the company, and
(ii) on the powers that the company may exercise,
except those restrictions set out in this Part, and
(g) set out the following for each of the individuals who are to be the first directors:
(i) the full name of the individual;
(ii) the residential address of the individual;
(iii) the occupation of the individual.
95.21 The memorandum and articles must be signed by the secretary treasurer of the board to certify the adoption of the memorandum and articles by the board.
95.22 The member of the company is, on and from the date of the incorporation mentioned in the certificate of incorporation, a company with the name contained in the memorandum, capable immediately of exercising the functions of an incorporated company with the powers and with the liability on the part of the member provided in this Part.
95.23 Sections 6, 8 to 11, 13 and 14 of the Company Act apply for the purposes of this Part.
95.24 (1) The name of a company incorporated under this Part by a board, except a company incorporated by a francophone education authority, must be "School District No. X Business Company", where X is the school district number in the name of the board.
(2) The name of a company incorporated under this Part by a francophone education authority must be "Entreprise compagnie du X", where X is the name of the francophone education authority incorporating the company.
95.25 (1) The authorized capital of a company is one common voting share without par value.
(2) On the incorporation of a company under this Part, the share referred to in subsection (1) is deemed to be issued without consideration to the board incorporating the company.
95.26 A board must not be the member of more than one company.
95.27 Sections 21, 22, 25, 26 and 32 to 35 of the Company Act apply for the purposes of this Part.
95.28 Unless otherwise authorized by the minister, a company must not issue a diploma.
95.29 Sections 39 and 40 of the Company Act apply for the purposes of this Part.
Division 3 -- Finance
95.3 Unless otherwise authorized by the Lieutenant Governor in Council, a member must not encumber or dispose of an interest in the share of a company.
95.31 (1) A board must not
(a) give an indemnity to or for the benefit of a company, or
(b) guarantee the performance of an obligation of a company.
(2) A board is not liable on a guarantee or indemnity given in contravention of subsection (1).
95.32 Sections 48 (1), 51 to 54 and 55 (3) of the Company Act apply for the purposes of this Part.
95.33 (1) A board must not give, loan or otherwise provide to a company, directly or indirectly, money from a grant under this Act.
(2) Unless otherwise authorized by the minister, a board must not provide any property or services to or for the benefit of a company for consideration that
(a) includes shares of a corporation, or
(b) is less than the fair market value of the property or services provided by the board.
95.34 Division 2 of Part 3 of the Company Act applies for the purposes of this Part.
Division 4 -- Management
95.4 (1) A company must have at least 3 directors.
(2) Subject to subsection (3), if a board is the member of a company, the secretary treasurer or a trustee of the board must be one of the directors of the company.
(3) The minister may order that subsection (2) does not apply to a company.
95.41 Part 4 of the Company Act, except sections 108, 110 (1), 111, 115 and 150 to 157 of that Act, applies for the purposes of this Part.
Division 5 -- Records
95.5 (1) The member of a company may, without charge, examine and take extracts from the records, documents and instruments of the company that are referred to in section 163 (1) of the Company Act, as that section applies to this Part.
(2) A debentureholder of a company may, without charge, examine and take extracts from the records, documents and instruments of the company that are referred to in section 163 (1) of the Company Act, as that section applies to this Part, except those records, documents and instruments referred to in section 163 (1) (l), (q) and (r) of the Company Act.
95.51 The accounting records of a company must be open to the inspection of the member during the normal business hours of the company.
95.52 Part 5 of the Company Act, except sections 163 (1) (d), (e), (j), (p), (t) and (x), 164 (2), 171 (4), 173 and 176 of that Act, applies for the purposes of this Part.
Division 6 -- Audits
95.6 (1) The directors of a company must elect at their first meeting following each annual general meeting a committee, to be known as the audit committee, composed of at least 3 directors to hold office until the next annual general meeting.
(2) The secretary treasurer or a trustee of the board that is the member of the company must be a member of the audit committee and must chair the audit committee.
(3) At every meeting of the audit committee,
(a) a quorum consists of a majority of the members of the committee, and
(b) the chair must be present.
(4) Subject to subsections (2) and (3), the audit committee may determine its own procedures.
95.61 Part 6 of the Company Act, except sections 179, 180, 187 (1) to (3), 192 and 197 of that Act, applies for the purposes of this Part.
Division 7 -- Company Alterations
95.7 (1) With the consent of and subject to any conditions established by the Lieutenant Governor in Council, a company incorporated under this Part may convert itself into a company under the Company Act by a special resolution that
(a) alters the form of the constitution of the company by substituting for its memorandum and articles a memorandum and articles that comply with the Company Act,
(b) alters the name of the company to comply with the Company Act, and
(c) authorizes 2 or more directors to execute the memorandum and articles on behalf of the company and to deliver them to the registrar with a copy of the resolution and any other documents relating to the company that the registrar requires.
(2) The registrar, on receipt of the resolution and the documents referred to in subsection (1) and the proper fees, must issue a certificate that the company is converted into a company under the Company Act.
(3) On issuance of the certificate under subsection (2), the substituted memorandum and articles apply to the company in the same manner as if it were a company incorporated under the Company Act with that memorandum and those articles, and the former memorandum and articles of the company cease to apply.
(4) The registrar must publish in the Gazette a statement of the conversion of the company.
95.71 Conversion of a company under this Part does not affect any debt, liability, obligation or contract incurred or entered into by, to, with or on behalf of the company before the conversion, and legal proceedings in respect of them may be continued or commenced against it in the same manner as if the conversion had not taken place.
95.72 Sections 216 to 221 of the Company Act apply for the purposes of this Part.
Division 8 -- Proceedings, Dissolution and Restoration and Administration
95.8 Sections 201 to 215 of the Company Act, except sections 201 (8), 207 and 208, apply for the purposes of this Part.
95.81 (1) Despite section 95.26, a board may be the member of more than one company
(a) if the board becomes the member of a company following a disposal of the assets of another board under section 176 (2), and
(b) until the company referred to in paragraph (a) is wound up.
(2) If the company referred to in subsection (1) (a) is not dissolved under section 258 of the Company Act within 30 days after the date on which the board became the member of the company, the company is deemed, on the 31st day after the date on which the board became the member of the company, to have passed a special resolution to wind up in accordance with section 267 of the Company Act.
(3) Within 30 days after the date of the deemed passing of the special resolution referred to in subsection (2), the directors of the company must appoint one or more liquidators for the purpose of winding up the affairs and distributing the assets of the company.
(4) Sections 268, 270 and 293 (3) of the Company Act do not apply for the purposes of this section.
95.82 Part 9 of the Company Act, except sections 259, 264 and 271 (4) of that Act, applies for the purposes of this Part.
95.83 Sections 320 to 349 of the Company Act, except section 335, apply for the purposes of this Part.
Division 9 -- Regulations
95.9 (1) The Lieutenant Governor in Council may make regulations
(a) referred to in section 350 of the Company Act, except section 350 (2) (a), (g), (i) and (j), for the purposes of this Part,
(b) prescribing the form of the memorandum, and
(c) prescribing forms corresponding to any of Forms 3 to 12, 15, 18 and 19 of the Second Schedule to the Company Act.
(2) The Lieutenant Governor in Council, by regulation, may
(a) provide that additional provisions of the Company Act apply for the purposes of this Part, or
(b) provide that provisions of the Company Act do not apply for the purposes of this Part.
(3) Subsection (2) and this subsection are repealed on June 30, 2004.
33 Section 96 (3) is amended by striking out ", with the approval of the minister,".
34 Section 98 (2) is amended by striking out ", with the minister's prior approval,".
35 Section 100 is repealed and the following substituted:
100 (1) In this section:
"board's contribution" means the percentage of the capital expense that was a local capital expense or was not paid for by the minister under a former Act;
"capital expense" does not include an annual capital expense;
"minister's contribution" means the percentage of the capital expense that was not a board's contribution.
(2) Subject to subsection (3), if a board receives money in respect of the disposition of any asset that was the subject of a capital expense, the money must be allocated between the board and the minister according to the board's contribution and the minister's contribution to the capital expense.
(3) The minister may allocate the money between the minister and the board if
(a) the minister is not able to determine the board's contribution or the minister's contribution to the capital expense, or
(b) in the opinion of the minister, the allocation under subsection (2) is not appropriate in the circumstances.
(4) Money allocated to the minister must be placed in the board's capital reserve.
(5) Money allocated to the board must be placed in the board's local capital reserve.
36 Division 1 of Part 8 is repealed and the following substituted:
Division 1 -- Provincial Funding
106.1 In this division:
"board" includes a francophone education authority;
"educational program" includes a francophone educational program;
"number of students" means the number of full time or equivalent of full time students;
"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.
106.2 On or before February 1 of each year, the minister must establish and announce the amount of Provincial funding to be paid to boards in the next fiscal year for the delivery and support of educational programs.
106.3 (1) The minister must determine the amount of the operating grant to each board from the Provincial funding based on the following:
(a) by multiplying
(i) a per student funding amount determined by the minister, and
(ii) the number of students, estimated by the board under subsection (2) and approved by the minister under subsection (3) or estimated by the minister under subsection (4), who may be enrolled in educational programs provided by that board;
(b) other formulas and amounts determined by the minister and announced to the boards by March 15 of each year.
(2) A board must submit to the minister on or before February 15 of each year an estimate of the number of students who may be enrolled in educational programs provided by the board in the next school year.
(3) The minister may approve or reject the estimate submitted under subsection (2).
(4) If the minister rejects the estimate submitted under subsection (2), the minister must estimate the number of students who may be enrolled in educational programs provided by that board in the next school year.
(5) For the purposes of determining the amount of the operating grant under subsection (1) (a), the minister may
(a) classify students under a classification system established by the minister,
(b) estimate the number of students in each class referred to in paragraph (a) who may be enrolled in educational programs provided by the board,
(c) establish a maximum number of students for a class referred to in paragraph (a) that the minister will include in the determination of the number of students for that class under subsection (1), and
(d) establish different per student funding amounts for the different classes of students referred to in paragraph (a).
(6) The minister may amend an operating grant to a board, for all or part of the fiscal year,
(a) if the number of students enrolled in educational programs provided by the board is different than the estimate approved under subsection (3) or the estimate under subsection (4) or (5),
(b) by amending the per student funding amount under subsection (1) (a) (i) or (5) (d), or
(c) if, in the opinion of the minister, the operating grant must be amended.
(7) Subsections (2) and (3) do not apply for the purposes of the 2002-2003 fiscal year.
106.4 (1) The minister may, in respect of an operating grant, provide a direction to a board specifying
(a) an amount or a percentage of the operating grant to the board that is a targeted grant for the fiscal year,
(b) the manner in which that board must budget, spend and account for the targeted grant for the fiscal year,
(c) programs or services the board must provide in respect of the targeted grant and to whom the board must provide those programs or services, and
(d) a minimum amount or percentage of the targeted grant that the board must budget, spend and account for in respect of a program or service referred to in paragraph (c).
(2) The minister may vary a direction provided to a board under this section.
37 Section 110 (3) is repealed.
38 Section 111 is amended
(a) in subsection (1) by striking out "next" wherever it appears and by adding the following paragraphs:
(h) the estimate of the debt service expenses referred to in section 110;
(i) if the board has held a referendum approving the raising of money under section 112, the information referred to in section 112.1 (1). ,
(b) in subsection (2) (a) by striking out "preliminary allocation" and substituting "operating grant",
(c) by repealing subsection (2) and substituting the following:
(2) Subject to subsection (3), the estimates included in the annual budget, other than the debt service expenses estimate referred to in section 110, must not exceed the sum of the operating grant to the board for that fiscal year plus local revenues and appropriated operating reserves. , and
(d) in subsection (3) by striking out "subsection (2) (a) or (b)" and substituting "subsection (2)".
39 The following section is added:
112.1 (1) If a board has held a referendum approving the raising of money under section 112, the board must adopt a bylaw, on or before April 27 of that year, that sets out
(a) the amount, if any, of taxes to be raised within the school district in that calendar year as a result of the referendum that approved that amount,
(b) the apportionment of the amount approved by referendum to the constituent parts of the school district so that the tax to be raised in each of those constituent parts bears the same ratio to the total school referendum taxes to be raised in that school district as the net taxable value of the residential land and improvements in each constituent part of the school district bears to the total net taxable value of residential land and improvements in the whole of that school district, and
(c) the rate that is to be applied to the net taxable value of residential land and improvements in the school district so as to raise the amount approved by referendum.
(2) The board, immediately after adopting the bylaw referred to in subsection (1), must send a certified copy of that adopted bylaw to
(a) the council of each municipality in the school district, and
(b) the Surveyor of Taxes in respect of the rural area of the school district.
40 Section 113 is repealed and the following substituted:
113 (1) A board, by bylaw,
(a) must adopt an annual budget on or before June 30 of each year for the next fiscal year, and
(b) may amend the annual budget adopted under paragraph (a).
(2) If an operating grant to a board is amended under section 106.3 (6) or a grant is withheld or reduced under section 117 (1), the minister may order that
(a) the board, by bylaw, must amend its annual budget, and
(b) the board must send a certified copy of the amended annual budget to the minister within 60 days of the order of the minister.
(3) At the request of the minister, the board must send to the minister a certified copy of its annual budget.
41 Section 114 is repealed and the following substituted:
114 (1) In each fiscal year the minister of finance must pay to the board of each school district the operating grant plus the debt service grant for that board.
(2) If an operating grant is amended under section 106.3 (6), the minister of finance must vary the amount of the operating grant payable to the board under subsection (1).
(3) In respect of the payment of an operating grant or a debt service grant under this section, the minister of finance
(a) must pay, at a minimum, an installment in each month of the fiscal year to the board of each school district, and
(b) may determine the manner of payment.
(4) If, at the end of a fiscal year, the minister of finance has paid a board more than the sum of the operating grant plus the debt service grant for that board, the minister of finance may deduct the overpayment from the amount the minister must pay in the next fiscal year under subsection (1).
42 Section 115 is amended
(a) by striking out "Minister of Education, Skills and Training, the Minister of Finance and Corporation Relations" in both places and substituting "minister, the minister of finance", and
(b) in subsection (2) by striking out "Minister of Education, Skills and Training considers" and substituting "minister considers".
43 The following section is added:
115.1 On the recommendation of the minister, the minister of finance may pay to a board of a school district an annual capital grant to be used for annual capital projects to maintain sites and buildings owned or leased by the board.
44 Section 116 is amended by striking out "Minister of Finance and Corporate Relations" and substituting "minister of finance".
45 Section 117 is amended
(a) by repealing subsections (1) and (2) and substituting the following:
(1) On the recommendation of the minister, the minister of finance may withhold or reduce a grant payable to a board under this Act, other than a debt service grant, if
(a) the duties of the secretary treasurer of the board are not being discharged satisfactorily,
(b) the board has not conducted its affairs in accordance with this Act and the regulations and the orders of the minister,
(c) each school building in the school district, together with its equipment, has not been established or maintained to the satisfaction of the minister,
(d) the board has not transmitted in a timely fashion, or within the time provided by this Act and the regulations or by the orders of the minister, all reports, statements or returns required by the minister,
(e) the operating expenses of a board have been reduced during a strike or lockout as defined in the Labour Relations Code, or
(f) the board has not budgeted, spent or accounted for a targeted grant under section 106.4 in accordance with the directions provided to it in respect of that grant by the minister.
(2) Without limiting section 106.4 (1) (b), the minister may order that any debt service expenses incurred by a board as a result of the withholding of a grant under subsection (1) must be paid from one or more of the payments to the board under section 114. , and
(b) in subsection (3) by striking out "the portion of an operating grant for debt service expenses," and substituting "a debt service grant,".
46 Section 118 is amended by striking out "Minister of Finance and Corporate Relations" and substituting "minister of finance".
47 Section 119 is amended
(a) in subsection (1) by striking out "preliminary Provincial funds and final Provincial funds" and substituting "Provincial funding",
(b) in subsection (2) by striking out "Minister of Finance and Corporate Relations" and substituting "minister of revenue", and
(c) in subsections (6) and (8) by striking out "Minister of Finance and Corporate Relations must, on the recommendation of the Minister of Education, Skills and Training," and substituting "minister of revenue must, on the recommendation of the minister,".
48 Section 121 is amended by striking out "Minister of Finance and Corporate Relations." and substituting "minister of revenue."
49 Sections 124 and 125 are amended by striking out "Minister of Finance and Corporate Relations" wherever it appears and substituting "minister of revenue".
50 Section 125 (4) (d) is amended by striking out "Minister of Finance and Corporate Relations' powers" and substituting "powers of the minister of revenue".
51 Sections 136 (2) and 137 (2) and (4) are amended by striking out "Minister of Finance and Corporate Relations" wherever it appears and substituting "minister of finance".
52 Section 138 is amended
(a) by repealing subsection (1) (a),
(b) in subsection (1) (e) by striking out "Minister of Finance and Corporate Relations" and substituting "minister of revenue", and
(c) by repealing subsection (2).
53 Section 139 (3) is amended by striking out "amounts of the preliminary Provincial funds and final Provincial funds that are allocated" and substituting "operating grant that is paid".
54 Section 141 is amended
(a) by renumbering the section as section 141 (1),
(b) in subsection (1) (b) by striking out "and" at the end of subparagraph (i) and by repealing subparagraph (ii) and substituting the following:
(ii) for an annual capital project, and
(iii) for a capital plan project, with the approval of the minister. , and
(c) by adding the following subsection:
(2) Subject to the provisions of this Act respecting a local capital project and a capital plan project, a board may spend money on a joint capital project.
55 Section 142 (3) (c) (i) is repealed and the following substituted:
(i) local capital projects that are not joint capital projects, and .
56 Sections 145 (2) and (4), 146 (4), 149 (2) and 150 (6) are amended by striking out "Minister of Finance and Corporate Relations" wherever it appears and substituting "minister of finance".
57 Section 150 (6) is amended by striking out "Ministry of Finance and Corporate Relations" and substituting "ministry of the minister of finance".
58 Section 155 is repealed.
59 Section 156 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Subject to this section, a board must
(a) maintain budgetary control over expenditures,
(b) in accordance with the orders of the minister,
(i) account and keep accounting records for funds, and
(ii) prepare and submit to the minister financial reports and statements, in the form, with the information and at the time required by the minister, and
(c) designate specific funds in accordance with the requirements specified by the minister. ,
(b) in subsection (9) by striking out "subject to the orders of the minister and with the minister's approval," and substituting "in accordance with section 141,", and
(c) by repealing subsection (13).
60 Section 161 (1) (d) (ii) is amended by striking out "accounting principles generally accepted for school boards in British Columbia" and substituting "section 156 (1) (b)".
61 Section 162 (1) (a) is amended by striking out "section 156 (13)" and substituting "section 156 (1) (b)".
62 Section 166.1 is amended by adding the following definition:
"francophone catchment area" means, in relation to a francophone school, the geographical area established under section 166.251 as the francophone catchment area for the francophone school; .
63 Section 166.11 (1) is amended
(a) by striking out "administrative officer" in Column A and "francophone administrative officer" opposite in Column B,
(b) by adding "director of instruction" in Column A and "francophone director of instruction" opposite in Column B,
(c) by adding "principal" in Column A and "francophone principal" opposite in Column B,
(d) by striking out "chief executive officer of a francophone education authority" in Column B opposite "secretary-treasurer" in Column A and substituting "chief financial officer of a francophone education authority", and
(e) by adding "vice principal" in Column A and "francophone vice principal" opposite in Column B.
64 Sections 166.13 (5) (c), 166.18 (1.2) and 166.22 (1) are amended by striking out "chief executive officer" and substituting "chief financial officer".
65 Section 166.22 is amended by adding the following subsection:
(7.1) Without limiting subsection (7), a board of directors may establish procedures respecting the provision of advice by a district parents' advisory council to the board.
66 Section 166.24 is amended
(a) by repealing subsections (2) and (3) and substituting the following:
(2) On application to a francophone education authority, an eligible child of school age who is resident in British Columbia is entitled to enroll in a francophone educational program provided by the francophone education authority if the francophone education authority determines that space and facilities are available for the child at the school in which the francophone educational program is provided.
(3) A francophone education authority, on receiving an application, may enroll an immigrant child of school age who is resident in British Columbia in a francophone educational program provided by the authority. , and
(b) in subsection (4) by striking out "subsection (1) or (2)" and substituting "subsections (1) to (3)".
67 The following section is added:
166.241 (1) In this section:
"francophone catchment area child" means an eligible child
(a) of school age, and
(b) resident in the francophone catchment area of the francophone school;
"francophone non-catchment area child" means an eligible child
(a) of school age,
(b) resident in the francophone school district, and
(c) not resident in the francophone catchment area of the francophone school;
"francophone non-school district child" means an eligible child
(a) of school age,
(b) resident in British Columbia, and
(c) not resident in the francophone school district;
"francophone school district child" means a francophone catchment area child or a francophone non-catchment area child;
"previous school year" means the school year previous to the year for which the person is applying to enroll in a francophone educational program.
(2) A francophone education authority must enroll all eligible children who exercise their entitlement to enroll in a francophone educational program under section 166.24 (1).
(3) A francophone education authority may refuse to enroll a francophone non-school district child under section 166.24 (2) if the child is
(a) a francophone student suspended by a francophone education authority under section 85 (2) (d), or
(b) a francophone student to whom a francophone education authority has refused to offer a francophone educational program under section 85 (3).
(4) A francophone education authority
(a) for each school year, must establish a date by which an application to enroll an eligible child in a francophone educational program must be received by the francophone education authority for the purposes of this section,
(b) in respect of the date referred to in paragraph (a), may establish different dates for different grades, francophone educational programs, francophone schools or children defined in subsection (1), and
(c) may dispense with the application referred to in paragraph (a) and establish an alternative procedure to enroll a francophone school district child who was enrolled in a francophone educational program in the francophone school district in the previous school year.
(5) If a francophone education authority establishes an alternative application procedure under subsection (4) (c), the enrollment of a francophone school district child remains subject to the priorities set out in this section.
(6) If a francophone education authority determines that space and facilities are available at the francophone school in which the francophone educational program is made available, an eligible child whose application was received by the francophone education authority by the date established under subsection (4) is entitled to enroll in that educational program in the following descending order of priority:
(a) a francophone catchment area child who, in the previous school year, attended the francophone school at which the francophone program is made available;
(b) a francophone catchment area child;
(c) a francophone non-catchment area child;
(d) a francophone non-school district child.
(7) If a francophone education authority determines that space and facilities are available at the francophone school in which the francophone educational program is made available, a francophone non-school district child referred to in subsection (6) is entitled to enroll in a francophone educational program in priority to a francophone school district child whose application was received by the francophone education authority after the date established under subsection (4).
(8) If 2 or more eligible children have the same priority under this section, the children have, as between themselves, priority according to the date and time their respective applications to enroll were received by the francophone education authority.
(9) For the purposes of this section, an eligible child's residency is determined as of the date the application to enroll the child is submitted to the francophone education authority.
68 Section 166.25 is amended
(a) by repealing subsection (2) and substituting the following:
(2) The francophone educational program to be provided under subsection (1) may be provided
(a) in the francophone school district, or
(b) with the consent of a parent of the person referred to in subsection (1), in another francophone school district or in a school district. ,
(b) in subsection (3) (b) by adding "and with any consent required under subsection (2) (b)" after "another francophone educational authority",
(c) in subsection (3) (c) by adding "and with any consent required under subsection (2) (b)" after "district",
(d) in subsection (4) by striking out "A francophone education authority" and substituting "Subject to section 166.241, a francophone education authority", and
(e) by repealing subsection (6) and substituting the following:
(6) Subject to the regulations, a francophone education authority
(a) is responsible for evaluating all of the francophone educational programs and services that it provides, including services provided on its behalf, and
(b) must have francophone students assessed and evaluated by a member of the college.
69 The following section is added:
166.251 (1) A francophone education authority must establish, for each francophone school in its francophone school district, a francophone catchment area consisting of a geographical area around the francophone school that includes all or part of the francophone school district.
(2) A francophone education authority may amend the francophone catchment area established for a francophone school under subsection (1).
70 Section 166.27 is amended
(a) by repealing subsections (3) and (4) and substituting the following:
(3) A francophone education authority must
(a) appoint an individual as the chief financial officer of the authority, and
(b) arrange for the bonding of the chief financial officer in an amount the authority considers adequate.
(3.1) The chief financial officer of a francophone education authority is its corporate financial officer and must perform those duties set out in the regulations.
(4) A francophone education authority may appoint one or more assistants
(a) to the chief executive officer to perform those duties assigned by the chief executive officer, or
(b) to the chief financial officer to perform those duties assigned by the chief financial officer. , and
(b) in subsection (5) by adding "or the chief financial officer" after "chief executive officer".
71 Section 166.31 is amended by striking out "113 (1) and (3) (a)" and substituting "113".
72 Section 166.32 is amended by striking out "114, 115 and 117" and substituting "114 to 117, except section 116,".
73 Section 166.37 is repealed and the following substituted:
166.37 Sections 156 to 165 apply for the purposes of this Part.
74 Section 166.41 is amended by adding "87.1," after "Sections".
75 The following sections are added:
166.431 (1) The minister, by order, may appoint a special advisor to a francophone school district, for a term determined by the minister,
(a) to review the progress of the francophone education authority in respect of its accountability contract or to inspect and evaluate any other matters as directed by the minister, or
(b) to assist the francophone education authority in the conduct of the affairs of the francophone school district in respect of any educational, financial or community matters.
(2) The special advisor must submit a report to the minister in respect of anything resulting from carrying out his or her duties under subsection (1).
(3) With the approval of the minister, the special advisor appointed under subsection (1) may
(a) appoint a deputy special advisor and other employees necessary for performing the duties of the special advisor,
(b) engage and retain specialists and consultants to carry out the duties of the special advisor, as required, and
(c) determine the remuneration of persons appointed or retained under paragraphs (a) and (b).
(4) The minister, by order, may require the francophone education authority to pay
(a) the remuneration of the special advisor appointed under subsection (1) to the francophone school districty and any person appointed or retained under subsection (3) (a) and (b), at the rate determined by the minister, and
(b) the expenses of the special advisor.
(5) The minister may provide a direction to the special advisor or to the francophone education authority respecting the duties of the special advisor.
166.432 A special advisor appointed under section 166.431 may
(a) attend any meeting of the francophone education authority,
(b) enter a school building or any other building used in conjunction with the school or offices of the francophone education authority, or any part of them, for the purposes of performing his or her duties, and
(c) inspect any record of the francophone education authority.
166.433 A francophone education authority and its employees must assist a special advisor in the carrying out of the duties of the special advisor.
76 Section 166.44 (1) is amended by striking out "or" at the end of paragraph (c), by adding ", or" at the end of paragraph (d) and by adding the following paragraph:
(e) there is a risk to student achievement in the district and it is in the public interest to do so.
77 The heading to Division 1 of Part 9 is amended by striking out "Ministry of Education, Skills and Training" and substituting "Ministry of Education".
78 Section 167 is amended by striking out "Ministry of Education, Skills and Training" and substituting "Ministry of Education".
79 Section 168 is amended
(a) in subsection (1) (d) by striking out "Ministry of Education, Skills and Training," and substituting "ministry,",
(b) in subsection (2) by repealing paragraph (o) and substituting the following:
(o) respecting accounting, accounting records and financial reports and statements referred to in section 156 (1), , and
(c) in subsection (2) by renumbering paragraph (p) as paragraph (t), by striking out "and" at the end of paragraph (o) and by adding the following paragraphs:
(p) respecting the opening and closing of schools under section 73 (1) (a),
(q) respecting a board assisting in paying the cost of a person attending an educational institution outside of British Columbia under section 83 (b),
(r) respecting the form and content of accountability contracts under section 79.2,
(s) respecting the appointment, remuneration and duties of a special advisor, and .
80 Section 170 is amended by striking out "Ministry of Education, Skills and Training" wherever it appears and substituting "ministry".
81 Section 170.1 (3) (a) is repealed and the following substituted:
(a) determining the amount of the operating grant under section 106.3 or the targeted grant under section 106.4; .
82 Section 171 (4) is amended by striking out "Ministry of Education, Skills and Training," and substituting "ministry".
83 The following Division is added in Part 9:
Division 2.1 -- Special Advisor
171.1 (1) The minister, by order, may appoint a special advisor to a school district, for a term determined by the minister,
(a) to review the progress of the board in respect of its accountability contract or to inspect and evaluate any other matters as directed by the minister, or
(b) to assist the board in the conduct of the affairs of the school district in respect of any educational, financial or community matters.
(2) The special advisor must submit a report to the minister in respect of anything resulting from carrying out his or her duties under subsection (1).
(3) With the approval of the minister, the special advisor appointed under subsection (1) may
(a) appoint a deputy special advisor and other employees necessary for performing the duties of the special advisor,
(b) engage and retain specialists and consultants to carry out the duties of the special advisor, as required, and
(c) determine the remuneration of persons appointed or retained under paragraphs (a) and (b).
(4) The minister, by order, may require the board to pay
(a) the remuneration of the special advisor appointed under subsection (1) to the school district and any person appointed or retained under subsection (3) (a) and (b), at the rate determined by the minister, and
(b) the expenses of the special advisor.
(5) The minister may provide a direction to the special advisor or to the board respecting the duties of the special advisor.
171.2 A special advisor appointed under section 171.1 may
(a) attend any meeting of the board,
(b) enter a school building or any other building used in conjunction with the school or offices of the board, or any part of them, for the purposes of performing his or her duties, and
(c) inspect any record of the board.
171.3 A board and its employees must assist a special advisor in the carrying out of the duties of the special advisor.
84 Section 172 (1) is amended by striking out "or" at the end of paragraph (c), by adding ", or" at the end of paragraph (d) and by adding the following paragraph:
(e) there is a risk to student achievement in the district and it is in the public interest to do so.
85 Section 174 (1) is amended by striking out "Ministry of Education, Skills and Training," and substituting "ministry".
86 Section 175 is amended
(a) in subsection (2) by repealing paragraph (j) and by adding the following paragraphs:
(c.1) prescribing the duties of the chief financial officer of a francophone education authority and employees of a francophone education authority who are members of the college;
(l) varying the dates or times referred to in sections 79.2 (2), 106.2, 106.3, 110, 112, 113, 119 (3), (6) and (8) and 137;
(m) respecting the evaluation of educational programs and services provided by a board for the purposes of section 75 (7);
(n) respecting the evaluation of francophone educational programs and services provided by a francophone education authority for the purposes of section 166.25 (6);
(o) respecting the assessment and evaluation of students by a member of the college;
(p) respecting the assessment and evaluation of francophone students by a member of the college. ,
(b) by repealing subsection (4),
(c) by repealing subsection (5) (a), and
(d) by adding the following subsection:
(11) A regulation made under subsection (2) (l)
(a) may vary the dates or times referred to in the sections listed in that subsection as those sections apply to francophone education authorities or for the purposes of Part 8.1, and
(b) may be made after the expiry of the date or time being varied.
87 Section 177 is amended
(a) in subsection (2) by striking out "an administrative officer" and substituting "a principal, vice principal, director of instruction",
(b) in subsection (2) (b) by striking out "the administrative officer" and substituting "the principal, vice principal, director of instruction", and
(c) in subsection (4) by striking out "An administrative officer" and substituting "A principal, vice principal or director of instruction".
88 The Schedule is amended by striking out "the preliminary allocation and the final allocation" and substituting "the operating grant".
89 (1) In this section, "district parents' committee" means a group of persons known as, or performing functions similar to those set out for, a district parents' advisory council.
(2) A district parents' committee that was recognized by a board immediately before July 1, 2002 is deemed to be the district parents' advisory council, established under section 8.4 of the School Act, for the school district.
(3) Subject to subsection (4), the members of a district parents' committee referred to in subsection (2) are deemed to be the representatives elected to the district parents' advisory council under section 8.4 (3) of the School Act.
(4) A member of the district parents' committee deemed to be a representative to the district parents' advisory council ceases to be a representative on September 30, 2002 if the person is not elected on or before September 30, 2002 under section 8.4 (3) and in accordance with section 8 (5) and (6) of the School Act.
90 Despite this Act, sections 107, 108 and 170.1 (3) (a) of the School Act, as those sections read before they were repealed by this Act, continue to apply to the 2001-2002 fiscal year.
91 Despite this Act,
(a) sections 2, 74.1, 75, except subsection (7), 75.1, 82, 166.24 (2) to (4), 166.241, 166.25 (2) to (4) and 166.251 of the School Act, as amended or enacted by this Act, do not apply for the purposes of a person enrolling in an educational program or a francophone educational program for the 2002-2003 school year, and
(b) sections 2, 75, except subsection (7), 82, 166.24 (2) to (4) and 166.25 (2) to (4) of the School Act, as those sections read on June 30, 2002, continue to apply for the purposes of a person enrolling in an educational program or a francophone education program for the 2002-2003 school year.
92 (1) A preliminary budget for the 2002-2003 fiscal year, adopted by a board or francophone education authority on or before April 27, 2002 under section 113 (1) (b) of the School Act, as that section read on June 30, 2002, is deemed to be an annual budget for the 2002-2003 fiscal year.
(2) Despite this Act, the definitions of "local capital expense" and "local revenue" in section 1 (1) of the School Act, as those definitions read before they were amended by this Act, continue to apply to the 2001-2002 fiscal year.
93 (1) Sections 1 (d), (e), (n), (o), (r) and (u), 36, 38 (b), 43, 72, 81 and 88
(a) are deemed to have come into force on January 31, 2002 and are retroactive to the extent necessary to give them effect on and after that date, and
(b) must not be construed as lacking retroactive effect in relation to any matter because they make no specific reference to that matter.
(2) All things done that would have been validly done had the definitions of "annual capital grant", "annual capital expense", "local capital expense", "local revenue", "operating grant" and "Provincial funding" in section 1 (1) and sections 106.1 to 106.4, 111 (2) (a), 115.1, 166.32 and 170.1 (3) (a) of the School Act and the Schedule to the School Act, as enacted or amended by sections 1 (d), (e), (n), (o), (r) and (u), 36, 38 (b), 43, 72, 81 and 88 of this Act, been in force on the day they were done, are conclusively deemed to have been validly done.
(3) Sections 1 (c), (f), (h), (q), (s) and (w), 2, 4 to 6, 15, 18, 19 (a) to (e), 20, 37, 38 (a), (c) and (d), 39 to 41, 45, 53, 58, 59 (a) and (c), 60 to 62, 65 to 67, 68 (a) to (d), 69, 71, 73, 79 (b), 86 (c), 89, 91 and 92 come into force on July 1, 2002.
(4) Sections 24 and 26 come into force on July 1, 2003.
(5) Sections 32 and 33 come into force by regulation of the Lieutenant Governor in Council.
SECTION 1: [School Act, amends section 1 (1)]
SECTION 2: [School Act, amends section 2]
SECTION 3: [School Act, amends sections 4 and 7 (2)] replaces references to "administrative officer".
SECTION 4: [School Act, repeals and replaces section 7 (1) (b)]
SECTION 5: [School Act, repeals and replaces section 8 (4) and (5) and adds subsection (6)]
SECTION 6: [School Act, enacts sections 8.1 to 8.5]
SECTION 7: [School Act, amends section 13 (2)] replaces references to "administrative officer" and "francophone administrative officer".
SECTION 8: [School Act, amends section 17 (1)] provides that a teacher's responsibilities include assessing and evaluating students.
SECTIONS 9 TO 14: [School Act, amends sections 18 to 21, 26 and 27] replace references to "administrative officer".
SECTION 15: [School Act, adds section 67 (5.1)] authorizes a board to establish procedures respecting the providing of advice by a district parents' advisory council.
SECTION 16: [School Act, amends section 73 (1) (a)] changes the condition for a board to open, close or reopen a school from being subject to the minister's approval to being subject to the minister's orders.
SECTION 17: [School Act, amends section 74 (2)] replaces a reference to "administrative officer".
SECTION 18: [School Act, enacts section 74.1] provides for the enrollment of persons in educational programs in accordance with the specified priorities.
SECTION 19: [School Act, amends section 75]
(a) is consequential to the amendments to section 2 of the Act,
(b) allows a board, with the consent of a parent of the person, to provide an educational program to the person in another school district or in a francophone school district,
(c) is consequential to the amendment to section 75 of the Act,
(d) allows a board to assign and reassign students, subject to section 74.1 of the Act, and
(e) repeals a provision as a consequence of the amendments to sections 2 and 74.1 of the Act and requires a board to have students assessed and evaluated by a member of the college.
SECTION 20: [School Act, enacts section 75.1] requires a board to establish, for each of its schools that is not a Provincial resource program or a distance education school, a catchment area.
SECTION 21: [School Act, enacts section 79.2)] provides for accountability contracts.
SECTION 22: [School Act, repeals section 80] removes the requirement that a board prepare and submit an annual report.
SECTION 23: [School Act, re-enacts section 81]
SECTION 24: [School Act, amends section 82] is consequential to the amendments to section 2 of the Act.
SECTION 25: [School Act, amends section 83 (b)] changes the restriction on a board paying the cost of a person attending an educational institution outside of British Columbia from being subject to the minister's approval to being subject to the minister's orders.
SECTION 26: [School Act, amends section 85 (2) (k)] allows a board to establish loan funds or bursaries for students enrolled in an educational program.
SECTION 27: [School Act, amends section 86 (1)] allows a board to enter into an agreement to purchase or provide managerial, administrative or other services.
SECTION 28: [School Act, enacts section 87.1] adds a definition of "minister of health".
SECTION 29: [School Act, amends sections 89 (1) and (2) and 90 (1)] replaces an outdated reference with a defined phrase.
SECTION 30: [School Act, amends section 91 (1) and (5)]
SECTION 31: [School Act, amends section 92 (2) (b)] replaces an outdated reference with a defined phrase.
SECTION 32: [School Act, enacts Part 6.1] provides for the incorporation of a company by a board or francophone education authority.
SECTION 33: [School Act, amends section 96 (3)] removes the requirement that the minister approve of the disposal of land or improvements by a board.
SECTION 34: [School Act, amends section 98 (2)] removes the requirement that a board first obtain the approval of the minister before entering into an agreement in respect of a joint board and community facility.
SECTION 35: [School Act, re-enacts section 100] provides for the allocation of money received by a board in respect of the disposition of an asset that was the subject of a capital expense other than an annual capital expense.
SECTION 36: [School Act, re-enacts Division 1 of Part 8]
SECTION 37: [School Act, repeals section 110 (3)] is consequential to amendments to section 113 of the Act.
SECTION 38: [School Act, amends section 111]
SECTION 39: [School Act, enacts section 112.1]
SECTION 40: [School Act, re-enacts section 113]
SECTION 41: [School Act, re-enacts section 114]
SECTION 42: [School Act, amends section 115] updates references to ministers.
SECTION 43: [School Act, enacts section 115.1] provides for the payment of an annual capital grant to a board.
SECTION 44: [School Act, amends section 116] updates a reference to a minister.
SECTION 45: [School Act, amends section 117]
SECTION 46: [School Act, amends section 118] updates a reference to a minister.
SECTION 47: [School Act, amends section 119]
SECTION 48: [School Act, amends section 121] updates a reference to a minister.
SECTION 49: [School Act, amends sections 124 and 125] updates references to a minister.
SECTION 50: [School Act, amends section 125 (4) (d)] updates a reference to a minister.
SECTION 51: [School Act, amends sections 136 (2) and 137 (2) and (4)] updates references to a minister.
SECTION 52: [School Act, amends section 138]
SECTION 53: [School Act, amends section 139 (3)] is consequential to the amendments to Division 1 of Part 8.
SECTION 54: [School Act, amends section 141]
SECTION 55: [School Act, amends section 142 (3) (c) (i)] requires a board to set out particulars of a local capital project that is a joint capital project.
SECTION 56: [School Act, amends sections 145, 146, 149 and 150] updates references to a minister.
SECTION 57: [School Act, amends section 150 (6)] updates a reference to a ministry.
SECTION 58: [School Act, repeals section 155] removes the requirement that a board designate each expense in accordance with specified definitions.
SECTION 59: [School Act, amends section 156]
SECTION 60: [School Act, amends section 161 (1) (d) (ii)] changes the provision so that it references the accounting requirements.
SECTION 61: [School Act, amends section 162 (1) (a)] updates a reference.
SECTION 62: [School Act, amends section 166.1] adds a definition.
SECTION 63: [School Act, amends section 166.11 (1)]
SECTION 64: [School Act, amends sections 166.13 (5) (c), 166.18 (1.2) and 166.22 (1)] replaces "chief executive officer" with "chief financial officer".
SECTION 65: [School Act, adds section 166.22 (7.1)] authorizes a board of directors to establish procedures respecting the provision of advice by a district parents' advisory council.
SECTION 66: [School Act, amends section 166.24]
SECTION 67: [School Act, enacts section 166.241] provides for the enrollment of persons in francophone educational programs in accordance with the specified priorities.
SECTION 68: [School Act, amends section 166.25]
SECTION 69: [School Act, enacts section 166.251] requires a francophone education authority to establish a francophone catchment area for each of its schools.
SECTION 70: [School Act, amends section 166.27] provides for the appointment and duties of a chief financial officer and the appointment of assistants to the chief financial officer.
SECTION 71: [School Act, amends section 166.31] amends a reference.
SECTION 72: [School Act, amends section 166.32] amends a reference.
SECTION 73: [School Act, re-enacts section 166.37] removes provisions that appear elsewhere in the Act and updates the reference to include the new provisions and removes a reference to a repealed section.
SECTION 74: [School Act, amends section 166.41] adds a reference to a new provision.
SECTION 75: [School Act, enacts sections 166.431 to 166.433] provides for the appointment, duties and powers of a special advisor to a francophone school district.
SECTION 76: [School Act, amends section 166.44 (1)] adds grounds for the appointment of an official trustee.
SECTION 77: [School Act, amends heading to Division 1 of Part 9] updates a ministry reference.
SECTION 78: [School Act, amends section 167] updates a ministry reference.
SECTION 79: [School Act, amends section 168 (1) and (2)]
SECTION 80: [School Act, amends section 170] updates ministry references.
SECTION 81: [School Act, repeals and replaces section 170.1 (3) (a)] is consequential to the amendments to Division 1 of Part 8 of the Act.
SECTION 82: [School Act, amends section 171 (4)] updates a ministry reference.
SECTION 83: [School Act, enacts Division 2.1 to Part 9] provides for the appointment, duties and powers of a special advisor.
SECTION 84: [School Act, adds section 172 (1) (e)] adds grounds for the appointment of an official trustee.
SECTION 85: [School Act, amends section 174 (1)] updates a ministry reference.
SECTION 86: [School Act, amends section 175]
SECTION 87: [School Act, amends section 177 (2) and (4)] replaces references to "administrative officer".
SECTION 88: [School Act, amends the Schedule] is consequential to the amendments to Division 1 of Part 8 of the Act.
SECTION 89: [Transitional -- district parents' advisory council] provides for the continuation of existing organizations that perform functions similar to those set out for a district parents' advisory council.
SECTION 90: [Transitional -- provincial funding] provides for the continuation of existing funding provisions until the end of the fiscal year.
SECTION 91: [Transitional -- application of enrollment provisions] provides that the enrollment provisions amended and enacted by this Bill do not apply to the 2002-2003 school year.
SECTION 92: [Transitional -- annual budget] is self explanatory.
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