BILL 13

An Act to Amend the Education Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 The preamble and enacting clause of the Education Act, chapter E-1.12 of the Acts of New Brunswick, 1997, are repealed and the following is substituted:

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

2 Section 1 of the Act is amended

(a) by adding the following definition in alphabetical order:

"councillor" means a councillor of a District Education Council under this Act;

(b) in the definition "guardian" by striking out "the Minister" and substituting "the superintendent concerned";

(c) by repealing the definition "school district";

(d) in the definition "school property" by striking out "and used for school purposes" and substituting "and used for school or school district office purposes".

3 The heading "ESTABLISHMENT AND OPERATION OF SCHOOLS" preceding section 2 of the Act is repealed and the following is substituted:

ESTABLISHMENT, OPERATION AND CLOSURE OF SCHOOLS

4 Section 2 of the Act is amended

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

2(1) A District Education Council may, with the approval of the Minister and for the purpose of providing public education, establish schools within the school district for which the District Education Council is established.

(b) by adding after subsection (2) the following:

2(3) A school for which responsibility is transferred to a District Education Council under subsection 3(2) shall, for the purposes of this Act, be considered to be a school established by the District Education Council.

5 Section 3 of the Act is repealed and the following is substituted:

3(1) A District Education Council shall, in accordance with this Act and through the superintendent of the school district, operate all schools established by the District Education Council under subsection 2(1) and all schools for which responsibility is transferred to the District Education Council under subsection (2).

3(2) The responsibility for the operation of schools in existence on July 1, 2001, within each school district is transferred effective July 1, 2001, from the Minister to the District Education Council that is established for the school district in which the schools are located.

6 The Act is amended by adding after section 3 the following:

Closure of schools

3.1 A District Education Council may, with the approval of the Minister, close a school established by the District Education Council under subsection 2(1) or any school for which responsibility is transferred to the District Education Council under subsection 3(2).

7 Section 5 of the Act is amended

(a) by repealing subsection (2) and substituting the following:

5(2) Where a superintendent has a doubt as to the linguistic proficiency of a person, the superintendent shall administer such tests as the Minister considers necessary to determine the linguistic proficiency of the person.

(b) by adding after subsection (2) the following:

5(3) A District Education Council shall provide supplementary educational programs and services for a pupil admitted by virtue of paragraph (1)(d) to a school organized in the French language if, in the opinion of the superintendent concerned, such supplementary educational programs and services are required to improve the linguistic skills of that pupil to a level necessary to satisfactorily participate in the instructional program in which that pupil is placed under section 11.

8 Section 6 of the Act is amended

(a) in paragraph (a) by striking out "shall consult with the provincial boards of education to establish educational goals and standards" and substituting "shall establish educational goals and standards and service goals and standards";

(b) by adding after paragraph (a) the following:

(a.1) shall, for each of the education sectors established under subsection 4(1), provide a provincial education plan,

(c) in subparagraph (b)(iii) by striking out "and" at the end of the subparagraph;

(d) by adding after paragraph (b) the following:

(b.1) may conduct tests and examinations in any grade or level,

(b.2) may establish provincial policies and guidelines related to public education within the scope of this Act, and

9 The Act is amended by adding after section 6 the following:

Local programs and services

6.1 A District Education Council may, in accordance with the needs of the pupils and the resources of the school district for which the District Education Council is established and in accordance with any provincial policies established by the Minister,

(a) subject to the approval of the Minister, provide for the development and delivery of instructional programs, services and courses unique to the character and economy of the community, and

(b) select, from among the optional instructional programs, services and courses prescribed by the Minister, those to be offered in each school in the school district for which the District Education Council is established.

10 Section 7 of the Act is amended

(a) in the portion preceding paragraph (a) by striking out "shall provide and implement" and substituting "may prescribe or approve";

(b) in paragraph (a) by striking out "Micmac" and substituting "Mi'kmaq".

11 Subsection 9(2) of the Act is amended by striking out "the Minister" and substituting "the superintendent concerned".

12 Section 11 of the Act is amended

(a) in subsection (1)

(i) by striking out "director of education" and substituting "superintendent";

(ii) by striking out "classes, programs" and substituting "classes, grades, programs";

(b) by adding after subsection (3) the following:

11(4) A decision made by a superintendent under subsection (1) shall be made

(a) subject to any policies or directives of the District Education Council concerned, and

(b) only with respect to pupils who are enrolled in a school in the school district or who reside in the school district for which the superintendent is appointed or reappointed.

13 Section 12 of the Act is amended

(a) in subsection (1) by striking out "director of education" wherever it appears and substituting "superintendent";

(b) in subsection (2) by striking out "director of education" and substituting "superintendent";

(c) in subsection (3) by striking out "director of education" wherever it appears and substituting "superintendent";

(d) in subsection (4) in the portion following paragraph (b) by striking out "director of education" and substituting "superintendent";

(e) by adding after subsection (4) the following:

12(5) The Minister may issue policies to District Education Councils for the declaration of exceptional pupils under subsection (1) and the placement of exceptional pupils under subsection (3).

12(6) A decision made by a superintendent under subsection (1) or (3) shall be made

(a) subject to any policies or directives of the District Education Council concerned,

(b) subject to any policies issued by the Minister under subsection (5), and

(c) only with respect to pupils who are enrolled in a school in the school district or who reside in the school district for which the superintendent is appointed or reappointed.

14 Section 15 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out "a child is required to attend school" and substituting "a child is required to attend school in the school in which the child is placed by the superintendent concerned under section 11";

(b) in subsection (4) by striking out "shall examine" and substituting "shall, subject to any policies or directives of the District Education Council concerned, examine".

15 Section 21 of the Act is amended

(a) in subsection (1) by striking out "Every teacher" and substituting "Subject to the authority of the District Education Council concerned under subsection 45(2), every teacher";

(b) in subsection (2) in the portion preceding paragraph (a) by striking out "Every teacher" and substituting "Subject to any policies or directives of the District Education Council concerned, every teacher".

16 Section 24 of the Act is amended

(a) in subsection (1)

(i) in subparagraph (a)(ii) by striking out "director of education" and substituting "superintendent";

(ii) in subparagraph (b)(ii) by striking out "director of education" and substituting "superintendent";

(b) in subsection (2) by striking out "director of education" wherever it appears and substituting "superintendent";

(c) in subsection (3) by striking out "director of education" and substituting "superintendent";

(d) by adding after subsection (6) the following:

24(7) Where any or all of the school privileges of a pupil are suspended under this section, and the pupil transfers to another school district before the expiry of the period of time of the suspension, the superintendent of the school district to which the pupil has transferred may, on a review of the circumstances, uphold, shorten the period of time of or waive the suspension.

17 Subsection 28(2) of the Act is amended

(a) in paragraph (a) by striking out "school parent advisory committee" and substituting "Parent School Support Committee";

(b) by repealing paragraph (b) and substituting the following:

(b) preparing, for parents of the pupils enrolled in the school, an annual school performance report, and ensuring that that report is communicated to those parents and the school community,

(c) by adding after paragraph (b) the following:

(b.1) submitting annually to the District Education Council concerned, through the superintendent of the school district, a copy of the school improvement plan and a copy of the annual school performance report,

(d) in paragraph (i) by striking out "school parent advisory committee" and substituting "Parent School Support Committee".

18 Section 30 of the Act is amended

(a) in subsection (1)

(i) in the definition "conditional teacher's certificate" by striking out the semicolon at the end of the definition and substituting a period;

(ii) by repealing the definition "non-professional conduct";

(b) by repealing subsection (12);

(c) by repealing subsection (13).

19 The Act is amended by adding after section 31 the following:

NON-PROFESSIONAL CONDUCT

Mandatory reporting of non-professional conduct

31.1(1) In this section

"administrative proceedings" includes hearings before an adjudicator under the Public Service Labour Relations Act and hearings before the Appeal Board;

"professional person" means a professional person as defined in subsection 30(10) of the Family Services Act.

31.1(2) In this section and in paragraph 57(1)(w.3)

"non-professional conduct" means conduct having or likely to have an injurious effect on the physical, mental, social or emotional well-being of a pupil, or any other person under the age of nineteen years.

31.1(3) A superintendent shall report to the Minister the name of any teacher or other member of the school personnel who

(a) has been convicted of an indictable offence under the Criminal Code (Canada),

(b) in the case of a teacher, the superintendent has reasonable grounds to believe has committed an act which may be grounds for the suspension or revocation of the teacher's certificate, or

(c) is investigated, is disciplined or resigns because of non-professional conduct or alleged non-professional conduct.

31.1(4) A member of the school personnel shall immediately report to the superintendent concerned the name of any member of the school personnel who he or she has reasonable grounds to believe has engaged in non-professional conduct.

31.1(5) A professional person who is not a member of the school personnel shall immediately report to the Minister the name of any member of the school personnel who he or she has reasonable grounds to believe has engaged in non-professional conduct.

31.1(6) This section applies notwithstanding that the person has acquired the information through the discharge of his or her duties or within a confidential relationship.

31.1(7) A person who fails to comply with subsection (3), (4) or (5) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

31.1(8) No action lies for damages or otherwise against a person in relation to anything done or purported to be done in good faith, or in relation to anything omitted to be done in good faith, in the execution or intended execution of the duty to report under this section.

31.1(9) Except in the course of judicial or administrative proceedings, no person shall reveal the identity of a person who has given information under this section without that person's written consent.

31.1(10) A person who violates subsection (9) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.

31.1(11) Any agreement respecting a resignation of a member of the school personnel in relation to non-professional conduct or any disciplinary action to be taken against a member of the school personnel in relation to non-professional conduct is subject to the prior approval of the Minister.

31.1(12) The Minister may take such action as the Minister considers appropriate if, in the opinion of the Minister, a matter reported to the Minister under this section

(a) has been inadequately investigated, or

(b) may result in an inappropriate agreement respecting a resignation of a member of the school personnel or in inappropriate disciplinary action against a member of the school personnel.

31.1(13) Notwithstanding any provision in any collective agreement under the Public Service Labour Relations Act, any information maintained in the file of a member of the school personnel with respect to a resignation or disciplinary action taken in relation to non-professional conduct shall not be removed.

20 The heading "Establishment of school parent advisory committees" preceding section 32 of the Act is repealed and the following is substituted:

Establishment of Parent School Support Committees

21 Section 32 of the Act is amended

(a) in subsection (1) by striking out "school parent advisory committee" and substituting "Parent School Support Committee";

(b) in subsection (2)

(i) by striking out "school parent advisory committee" and substituting "Parent School Support Committee";

(ii) by striking out "prescribed by regulation" and substituting "established by the District Education Council concerned";

(c) in subsection (3) by striking out "school parent advisory committee" and substituting "Parent School Support Committee";

(d) in subsection (4)

(i) in the portion preceding paragraph (a) by striking out "school parent advisory committee" and substituting "Parent School Support Committee";

(ii) in paragraph (a) by striking out "school parent advisory committee" and substituting "Parent School Support Committee";

(iii) in paragraph (b) by striking out "school parent advisory committee" wherever it appears and substituting "Parent School Support Committee";

(e) by adding after subsection (4) the following:

32(4.1) Except as provided for in subsection (5), school personnel who are employed in a school are not eligible to be elected or appointed to or to serve as a member of the Parent School Support Committee for that school.

(f) in subsection (5)

(i) by striking out "the Minister" and substituting "the District Education Council concerned";

(ii) by striking out "school parent advisory committee" and substituting "Parent School Support Committee";

(g) in subsection (6)

(i) by striking out "the Minister" and substituting "the District Education Council concerned";

(ii) by striking out "school parent advisory committee" and substituting "Parent School Support Committee";

(h) by adding after subsection (6) the following:

32(6.1) Subject to subsections (2) and (3), in a school where a high school program is not provided, the members of a Parent School Support Committee elected or appointed to the Parent School Support Committee under subsection (4) may, in accordance with such guidelines as are established by the District Education Council concerned, appoint one pupil from the school as a member of the Parent School Support Committee.

(i) in subsection (7) by striking out "school parent advisory committee" wherever it appears and substituting "Parent School Support Committee";

(j) by adding after subsection (7) the following:

32(7.1) Notwithstanding subsections (2) and (4), where a Home and School Association or Comité de parents is organized at a school, the Home and School Association or Comité de parents, as the case may be, may appoint a parent of a pupil enrolled in the school as an additional member of the Parent School Support Committee.

(k) in subsection (8) by striking out "school parent advisory committee" and substituting "Parent School Support Committee";

(l) by adding after subsection (8) the following:

32(8.1) A member of a District Education Council may attend and participate in any meeting of a Parent School Support Committee for a school in the school district for which the District Education Council is established.

(m) in subsection (9)

(i) in the portion preceding paragraph (a) by striking out "the Minister" and substituting "the District Education Council concerned";

(ii) in paragraph (a) by striking out "school parent advisory committee" and substituting "Parent School Support Committee";

(iii) in paragraph (b) by striking out "school parent advisory committee" and substituting "Parent School Support Committee";

(n) in subsection (10)

(i) in the portion preceding paragraph (a) by striking out "the Minister" and substituting "the District Education Council concerned";

(ii) in paragraph (a) by striking out "school parent advisory committee" wherever it appears and substituting "Parent School Support Committee";

(iii) in paragraph (b) by striking out "school parent advisory committee" and substituting "Parent School Support Committee".

22 The heading "Duties of school parent advisory committees" preceding section 33 of the Act is repealed and the following is substituted:

Duties of the Parent School Support Committees

23 Section 33 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out "school parent advisory committee" and substituting "Parent School Support Committee";

(b) by repealing subsection (2) and substituting the following:

33(2) A Parent School Support Committee shall

(a) through the chair of the Parent School Support Committee, or another member designated by the Parent School Support Committee, who must be a parent of a pupil enrolled in the school, participate in the selection of the principal or any vice-principal of the school,

(b) review the results of the school performance report,

(c) advise the principal of the school in the development of school policies prepared in accordance with district and provincial policies,

(d) provide, on the request of the superintendent concerned, input into any performance evaluation of the principal or any vice-principal of the school in matters relating to the duties of the Parent School Support Committee under this section, and

(e) communicate with the District Education Council concerned with respect to matters relating to the duties of the Parent School Support Committee under this section.

24 The heading "Establishment of district parent advisory councils" preceding section 34 of the Act is repealed.

25 Section 34 of the Act is repealed.

26 The heading "Duties of district parent advisory councils" preceding section 35 of the Act is repealed.

27 Section 35 of the Act is repealed.

28 The heading "Authority to reject appointments" preceding section 36 of the Act is repealed.

29 Section 36 of the Act is repealed.

30 The Act is amended by adding before section 37 the following:

Establishment of District Education Councils

36.1 One District Education Council shall be established for each school district.

Legal status of District Education Councils

36.11(1) A District Education Council is a body corporate and shall hold those rights and obligations as are provided to the District Education Council under this Act.

36.11(2) A District Education Council, in its name, may sue and be sued.

36.11(3) Where a District Education Council sues or is sued, or is named in a complaint under the Human Rights Act and is alleged to have violated that Act, and the Minister is not a party to the action or named in the complaint, the District Education Council shall immediately notify the Minister of the action or the complaint.

36.11(4) Where the Minister is notified of an action or complaint under subsection (3), the Minister may intervene in the action or complaint if, in the opinion of the Minister, the action or complaint

(a) might affect the Minister or the Province, or

(b) might have implications that would extend beyond the school district concerned.

Composition of District Education Councils

36.2(1) The Lieutenant-Governor in Council shall by regulation determine the number of councillors for each District Education Council.

36.2(2) Councillors shall be elected as provided in this Act.

36.2(3) Notwithstanding subsections (1) and (2), in school districts prescribed by regulation, the Minister shall appoint one additional councillor who is a member of the Mi'kmaq or Maliseet first nation and who resides in the school district.

36.2(4) One councillor shall be elected to a District Education Council for each of the subdistricts referred to in subsection 36.21(1).

36.2(5) Notwithstanding subsection (4), where two or more subdistricts have been combined into an electoral zone, the councillors to be elected from that electoral zone shall be

(a) equal in number to the number of subdistricts comprising the electoral zone, and

(b) elected at large within that electoral zone.

Subdistricts and electoral zones

36.21(1) For the purpose of the election of councillors, the Lieutenant-Governor in Council, on the recommendation of the Minister, shall by regulation divide each school district into a number of subdistricts equal to the number of councillors for that school district.

36.21(2) The Lieutenant-Governor in Council, on the recommendation of the Minister after consultation with the District Education Council concerned, may by regulation

(a) alter the number of subdistricts within a school district, or

(b) alter the boundaries of one or more subdistricts within a school district.

36.21(3) The Lieutenant-Governor in Council, on the recommendation of the Minister after consultation with the District Education Council concerned, no later than the thirty-first day of October in the year before the year in which a District Education Council election is to be held, may by regulation

(a) eliminate an existing electoral zone, or

(b) combine two or more subdistricts into an electoral zone.

36.21(4) Notwithstanding subsection (3), the Lieutenant-Governor in Council, on the recommendation of the Minister, may by regulation combine two or more subdistricts into an electoral zone for the purpose of the District Education Council elections to be held in May 2001.

District Education Council elections

36.3(1) District Education Council elections shall be held on the same day as triennial elections under the Municipalities Act.

36.3(2) Where a first District Education Council election is held in accordance with section 36.8 within one year before the date fixed under subsection (1) for a regular District Education Council election, the second election for that District Education Council shall be held at the second subsequent regular District Education Council election.

36.3(3) Except for provisions inconsistent with this Act or the regulations under this Act and for provisions relating to by-elections, the provisions of the Municipal Elections Act and the regulations under that Act are adopted for the purposes of and apply with the necessary modifications to District Education Council elections.

36.3(4) For the purpose of the nomination of candidates for the office of councillor,

(a) the reference to "twenty-five or more persons" in subsection 17(1) of the Municipal Elections Act, as adopted under subsection (3), shall be read as "ten or more persons";

(b) the reference to "twenty-five of the nominators" in paragraph 17(2)(c) of the Municipal Elections Act, as adopted under subsection (3), shall be read as "ten of the nominators"; and

(c) the references to "twenty-five of the nominators" and "less than twenty-five" in subsection 17(3) of the Municipal Elections Act, as adopted under subsection (3), shall be read as "ten of the nominators" and "less than ten", respectively.

36.3(5) Notwithstanding subsection 17(1) of the Municipal Elections Act, a person is not eligible to nominate and shall not nominate a candidate for the office of councillor unless that person is a parent of a pupil enrolled in a school in the school district for which the candidate is offering.

36.3(6) Notwithstanding paragraph 17(2)(b) of the Municipal Elections Act, a deposit is not required to accompany the nomination paper of a candidate for the office of councillor.

36.3(7) Where in a provision of the Municipal Elections Act or the regulations under that Act, as adopted under subsection (3), the word "council" or "municipality" is found, for the purposes of this Act the words "District Education Council" or "school district" respectively shall be substituted.

36.3(8) The Lieutenant-Governor in Council may authorize the Municipal Electoral Officer to designate persons to act on behalf of the Municipal Electoral Officer for the purposes of this Act.

36.3(9) A person who violates or fails to comply with an adopted provision that is listed in Column I of Schedule A of the Municipal Elections Act commits an offence under this Act.

36.3(10) For the purposes of Part II of the Provincial Offences Procedure Act, each offence referred to in subsection (9) is punishable as an offence of the category listed in Column II of Schedule A of the Municipal Elections Act beside the section number of the adopted provision to which the offence relates.

36.3(11) For the purposes of subsections (9) and (10), "adopted provision" means a provision of the Municipal Elections Act that is adopted with the necessary modifications under this section, or is adopted as modified under this section, as the case may be.

Eligibility for voting in a District Education Council election

36.31(1) Subject to subsection (2), every person who

(a) is eighteen years of age as of the day of the election,

(b) has been ordinarily resident in the Province for the period of time referred to in paragraph 13(1)(b) or (1.1)(b) of the Municipal Elections Act, as is appropriate in the circumstances,

(c) is ordinarily resident in the electoral zone, or where an electoral zone has not been established, the subdistrict on election day, and

(d) is a Canadian citizen,

is entitled to vote in a District Education Council election held in the electoral zone, or where an electoral zone has not been established, in the subdistrict in which the person is ordinarily resident.

36.31(2) A person is not entitled to vote and shall not vote in a District Education Council election if the person is not eligible to vote under paragraph 13(2)(a), (b) or (c) of the Municipal Elections Act.

Declaration of school district

36.4(1) A person shall, prior to voting, declare either the school district organized in the English language or the school district organized in the French language as the school district in relation to which the person intends to vote.

36.4(2) The poll clerk under the Municipal Elections Act shall record in the poll book, together with the name of the person voting, the school district declared under subsection (1).

36.4(3) A person is entitled to vote only in relation to the school district declared under subsection (1).

Eligibility for candidacy in a District Education Council election

36.41(1) Subject to subsection (2), a person may be a candidate for the office of councillor in an electoral zone or, where an electoral zone has not been established, in a subdistrict if the person

(a) is entitled to vote under section 36.31, and

(b) is a resident of the electoral zone or, where an electoral zone has not been established, of the subdistrict for which the person is offering when nominated.

36.41(2) School personnel and employees of the Department of Education are not eligible to be elected or appointed to or to serve as a councillor.

Declaration of language

36.5 A candidate for the office of councillor shall certify on the candidate's nomination paper that the candidate is willing to discharge the duties of the office of councillor in the official language on the basis of which the school district, for which the candidate is offering, is organized.

Incomplete elections

36.51(1) Notwithstanding subsection 36.2(2), where a District Education Council election fails to result in the election of

(a) a councillor for a subdistrict, or

(b) the required number of councillors for an electoral zone,

the Minister shall, subject to subsection (2) and in accordance with the regulations, appoint that number of councillors required to fill the vacant positions from among candidates nominated, in accordance with the regulations, by the District Education Council.

36.51(2) A person is eligible for appointment to a District Education Council under subsection (1) if the person is eligible under section 36.41 to be a candidate for the office of councillor in the electoral zone or, where an electoral zone has not been established, in the subdistrict in which the vacant position exists.

Commencement of office

36.6 Each District Education Council shall take office the first day of July following the District Education Council elections.

Term of office

36.7(1) Subject to subsection (4), the term of office of every elected councillor is three years commencing the first day of July following the District Education Council elections and ending the thirtieth day of June following the next elections.

36.7(2) A person may be re-elected to a District Education Council for any subsequent three year term if that person continues to meet the eligibility requirements under section 36.41 to be a candidate for the office of councillor.

36.7(3) Subject to subsection (4), the term of office of a councillor appointed under subsection 36.2(3) or 36.51(1) commences on the date of his or her appointment and ends on the thirtieth day of June following the next District Education Council elections.

36.7(4) A position on a District Education Council is considered to be vacant where a councillor

(a) dies or resigns,

(b) becomes ill, so as to be declared by the District Education Council as incapable of acting as a councillor for the remainder of his or her term of office,

(c) is declared by the District Education Council to have acted wilfully or negligently in contravention of this Act,

(d) is convicted of an indictable offence,

(e) is declared by the District Education Council to have failed to attend three regular meetings in a twelve month period without cause,

(f) becomes a member of the school personnel or an employee of the Department of Education, or

(g) ceases to be a resident of the school district for which the councillor was elected or appointed.

36.7(5) A councillor may resign from office by giving notice in writing to the secretary of the District Education Council.

36.7(6) A District Education Council shall, in writing, notify the Minister of a resignation received by the District Education Council under subsection (5) within seven days after the acceptance by the District Education Council of the resignation.

36.7(7) Where the position of a councillor is vacated under subsection (4), the Minister shall, subject to subsection (8) and in accordance with the regulations, appoint a person to fill the vacant position for the balance of the term of the councillor replaced from among candidates nominated, in accordance with the regulations, by the District Education Council.

36.7(8) A person is eligible for appointment to a District Education Council under subsection (7) if the person is eligible under section 36.41 to be a candidate for the office of councillor in the electoral zone or, where an electoral zone has not been established, in the subdistrict in which the vacant position exists.

36.7(9) Notwithstanding subsection (7), where the position of a councillor appointed under subsection 36.2(3) is vacated under subsection (4), the Minister shall appoint a person who is a member of the Mi'kmaq or Maliseet first nation and who resides in the school district to fill the vacant position for the balance of the term of the councillor replaced.

Creation of provisional District Education Councils

36.8 Where a new school district is created under subsection 43(1), the Minister may provide for

(a) the composition of the District Education Council in accordance with subsection 36.2(1),

(b) the holding of elections,

(c) the fixing of days for nominations either before or after the effective date of the operation of the District Education Council,

(d) the appointment, with the approval of the Lieutenant-Governor in Council, of an interim District Education Council until the next regularly scheduled District Education Council election,

(e) the fixing of days for first meetings of the District Education Council, and

(f) such other matters as the Lieutenant-Governor in Council considers necessary to provide for the effective administration of the new District Education Council.

Authority and responsibility of the District Education Councils

36.9(1) A District Education Council shall establish, implement and monitor a three year district education plan for the school district for which the District Education Council is established.

36.9(2) A district education plan shall be consistent with the provincial education plan and shall include

(a) a vision, including a mission statement, goals and values,

(b) a strategy respecting the delivery and evaluation of educational programs and services within the school district, including educational priorities, objectives and a work plan,

(c) accountability measures for evaluating pupil achievement, monitoring school district performance and monitoring the achievement of strategic objectives, and

(d) strategies to ensure the preservation and promotion of the language and culture of the official linguistic community for which the school district is organized.

36.9(3) A District Education Council shall submit to the Minister by July 1 of each year an updated copy of its district education plan.

36.9(4) A District Education Council shall establish, implement and monitor a district expenditure plan for the school district for which the District Education Council is established, and shall submit it to the Minister by July 1 of each year.

36.9(5) A District Education Council shall

(a) develop school district policies and procedures, not inconsistent with provincial policies and procedures, in matters relating to the authority given to the District Education Council, or the superintendent of the school district, under this Act and the regulations,

(b) ensure that provincial policies and procedures are being followed by the superintendent of the school district,

(c) review and approve the district performance report prepared by the superintendent under paragraph 48(2)(d), and present the report annually at an open meeting of the District Education Council,

(d) review the school improvement plan and the school performance report for each of the schools in the school district,

(e) evaluate annually, in accordance with the regulations, the performance of the superintendent of the school district,

(f) maintain communication links between the District Education Council and the Parent School Support Committees for the schools within the school district, and consult with the Parent School Support Committees with respect to matters relating to the duties of the Parent School Support Committees under this Act,

(g) review and oversee the expenditure of trust funds given for the benefit of pupils enrolled in schools within the school district in accordance with the terms of the trust,

(h) prepare annually, for submission to the Minister, a report which identifies priorities respecting capital construction projects within the school district, and

(i) provide training for members of the Parent School Support Committees for the schools within the school district.

36.9(6) A District Education Council may

(a) cooperate with another District Education Council to share school personnel and educational or administrative programs and services,

(b) cooperate with persons and organizations to advance the quality of learning within the school district for which the District Education Council is established and to foster the spirit of lifelong learning within the community,

(c) provide for the settlement of disputes arising in connection with school matters between any parent or pupil and any member of the school personnel, and

(d) make rules, not inconsistent with this Act or the regulations, governing its internal procedure and meetings.

31 The heading "Establishment of provincial boards of education" preceding section 37 of the Act is repealed.

32 Section 37 of the Act is repealed.

33 The heading "Duties of provincial boards of education" preceding section 38 of the Act is repealed.

34 Section 38 of the Act is repealed.

35 The Act is amended by adding before section 39 the following:

Provincial forums

38.1(1) The Minister shall, for each education sector established under subsection 4(1), convene two provincial forums each year to

(a) facilitate information sharing and consultation between the Minister and the District Education Councils, and

(b) permit the Minister and the District Education Councils to identify and discuss areas of concern.

38.1(2) Each provincial forum, for each education sector established under subsection 4(1), shall be attended by

(a) the chair of each District Education Council in the education sector, or a person designated by the chair for this purpose,

(b) the superintendent of each school district in the education sector, or a person designated by the superintendent for this purpose,

(c) the Minister, and

(d) such provincial officials as the Minister may designate for this purpose.

Support staff

38.2(1) The Minister shall, in accordance with the regulations, provide, for each education sector established under subsection 4(1), a dedicated support staff to

(a) facilitate information sharing and communications among the District Education Councils, and

(b) coordinate training opportunities for members of the Parent School Support Committees and the District Education Councils.

38.2(2) For each education sector established under subsection 4(1), a representative shall be selected by and from among the chairs of the District Education Councils to provide direction to the support staff provided under subsection (1).

36 The heading "Eligibility of members of committees, councils and boards" preceding section 39 of the Act is repealed.

37 Section 39 of the Act is repealed.

38 The heading "Conduct of members of committees, councils and boards and removal for cause" preceding section 40 of the Act is repealed and the following is substituted:

Conduct of members of Committees and Councils

39 Section 40 of the Act is repealed and the following is substituted:

40 Every member of a Parent School Support Committee and a District Education Council shall

(a) exercise his or her duties under this Act in good faith,

(b) comply with this Act and the regulations, and

(c) refrain from exercising individual influence or authority over the superintendent of the school district or over other school personnel.

40 The Act is amended by adding after section 40 the following:

Provision of information to the Minister

40.1(1) Each District Education Council shall prepare and submit to the Minister, at such time and in such format as determined by the Minister, an annual report for the previous school year containing

(a) statistical and financial information relating to the school district for which the District Education Council is established, and

(b) information relating to the educational performance of the pupils in the school district for which the District Education Council is established.

40.1(2) A District Education Council, through the superintendent of the school district, shall provide to the Minister, at such times and in such format as determined by the Minister, such information as the Minister considers necessary.

40.1(3) The Minister may require that such information systems and data standards as specified by the Minister be used in schools and school districts if, in the opinion of the Minister, such are required to facilitate information sharing, data transfer, technical support and reporting requirements.

Investigations and inquiries

40.2(1) For the purpose of ensuring compliance with this Act and the regulations, the Minister may appoint a person to investigate and inquire into

(a) the financial, administrative, safety or educational condition relating to any matter connected with the management, administration or operation of a District Education Council, a school district or a school, or

(b) matters relating to the effectiveness of instruction being provided when an application for exemption from school attendance is requested or has been granted under subsection 16(2).

40.2(2) A person appointed under subsection (1)

(a) is, if the appointment so provides, vested with all the powers and privileges of a commissioner under the Inquiries Act,

(b) shall on request be given access to and may examine any relevant records, books of account or other documents or property,

(c) may make copies of any relevant records, books of account or other documents, and for such purpose may remove records, books of account or other documents from any premises and shall return them to those premises as soon as possible after the making of the copies, and

(d) shall report the results of his or her investigation and inquiry to the Minister.

40.2(3) On receipt of a report under paragraph (2)(d), the Minister may request a District Education Council to take such action as the Minister considers necessary to meet the responsibilities of the District Education Council or the requirements of the Minister under this Act.

Request for corrective action

40.3(1) The Minister may request a District Education Council to take such corrective action as the Minister considers necessary if, in the opinion of the Minister,

(a) the health, safety or educational welfare of pupils is endangered,

(b) the District Education Council fails to comply with any provision of this Act or the regulations or with a policy of the Minister issued in accordance with this Act, or

(c) the resources of the District Education Council are being expended in an irresponsible manner.

40.3(2) Where a District Education Council fails to comply with a request of the Minister to take action under subsection (1) or subsection 40.2(3) within the time specified in the request, the Minister may take such corrective action as the Minister considers necessary.

40.3(3) Where the Minister takes action under subsection (2), the District Education Council concerned may, within thirty days after the taking of the action, apply by Notice of Application to a judge of The Court of Queen's Bench of New Brunswick for a review of the action taken by the Minister.

40.3(4) The Rules of Court apply in respect of an application made under subsection (3).

41 The heading "Dissolution of committees, councils and boards" preceding section 41 of the Act is repealed and the following is substituted:

Dissolution of a District Education Council

42 Section 41 of the Act is repealed and the following is substituted:

41(1) The Minister, with the approval of the Lieutenant-Governor in Council, may apply by Notice of Application to a judge of The Court of Queen's Bench of New Brunswick to dissolve a District Education Council if, in the opinion of the Minister, the District Education Council

(a) is unable to function due to organizational difficulties, or

(b) fails to comply with the provisions of this Act or the regulations within a reasonable period of time after being advised by the Minister of the provisions of this Act or the regulations with which the District Education Council has failed to comply.

41(2) The Rules of Court apply in respect of an application made under subsection (1).

41(3) On the hearing of an application made under subsection (1), the judge may

(a) dismiss the application, or

(b) allow the application and by order dissolve the District Education Council concerned and may fix a period of time for the purpose of subsection (4).

41(4) Where on the hearing of an application made under subsection (1) a District Education Council is dissolved, the authorities and responsibilities of the District Education Council shall vest in the Minister, for a period of time not to exceed one year or such shorter period of time as may be fixed by the judge on the hearing of the application, until an interim District Education Council is appointed in accordance with subsection (7) or the next regular District Education Council election is held.

41(5) A District Education Council may, by a two-thirds majority vote of its members, declare itself unable to function due to organizational difficulties and, having done so, shall immediately inform the Minister, in writing, of the declaration.

41(6) Where a District Education Council acts in accordance with subsection (5), the District Education Council is dissolved and the authorities and responsibilities of the District Education Council shall vest in the Minister, for a period of time not to exceed one year, until an interim District Education Council is appointed in accordance with subsection (7) or the next regular District Education Council election is held.

41(7) Where the Minister is vested with the authorities and responsibilities of a District Education Council under subsection (4) or (6), the Minister may, with the approval of the Lieutenant-Governor in Council, appoint an interim District Education Council and vest in the interim District Education Council the authorities and responsibilities of a District Education Council until the next regular District Education Council election.

41(8) A person is eligible for appointment to an interim District Education Council under subsection (7) if the person meets the eligibility requirements under section 36.41 to be a candidate for the office of councillor.

43 Section 43 of the Act is repealed and the following is substituted:

43(1) Subject to subsection 4(1), the Lieutenant-Governor in Council, on the recommendation of the Minister, may by regulation

(a) divide the Province into school districts,

(b) create new school districts,

(c) abolish or alter boundaries of school districts, and

(d) amalgamate school districts.

43(2) Subject to subsection 4(1), when two or more District Education Councils each pass a resolution by a majority vote of its members to amalgamate their school district or any portion of their school district with another school district or any portion of another school district and forward a certified copy of the resolution of each District Education Council to the Minister, the Lieutenant-Governor in Council, on the recommendation of the Minister, may by regulation amalgamate those school districts or the portions of those school districts into one school district and alter the boundaries of the school districts accordingly.

43(3) Where two or more school districts are amalgamated under paragraph (1)(d) or subsection (2), the existing District Education Councils of those school districts shall administer the amalgamated school district jointly until the next regular District Education Council election.

44 Section 44 of the Act is amended

(a) by renumbering the section as subsection 44(1);

(b) by adding after subsection (1) the following:

44(2) The equitable division of financial resources under subsection (1) shall seek to assure to each of the education sectors established under subsection 4(1) an equivalent standard of education taking into account the needs and particular circumstances of each sector.

45 Section 45 of the Act is repealed and the following is substituted:

45(1) All school property is vested in the Minister.

45(2) A District Education Council shall, at all times, have management, care and control of all school property in the school district for which the District Education Council is established, until such time as the school property is declared surplus by the District Education Council.

45(3) A District Education Council shall determine the general location in which to locate a school established under section 2.

45(4) The Minister

(a) shall determine the sites of schools, school district offices and other school buildings,

(b) shall determine the physical plant standards for a safe and healthy school facility,

(c) may purchase, lease or accept gifts of lands or buildings for school or school district office purposes,

(d) in consultation with the District Education Council concerned, may construct and furnish schools, school district offices and other school buildings, and

(e) with the approval of the Lieutenant-Governor in Council, may lease, sell or otherwise dispose of any lands or buildings acquired under this Act.

46 Section 46 of the Act is amended

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

46(1) For such purposes and subject to such terms and conditions as may be prescribed by regulation and to the extent practicable, a District Education Council, through the superintendent of the school district, shall make school property available for use by community groups or other persons or organizations.

(b) by repealing subsection (2) and substituting the following:

46(2) Where a fee is charged for the use of school property under subsection (1), the District Education Council may retain and expend that fee in accordance with the regulations.

(c) in subsection (3) by striking out "under paragraph 45(2)(d)".

47 Section 47 of the Act is repealed and the following is substituted:

47(1) A District Education Council shall select, appoint and direct, and may suspend, dismiss or otherwise discipline, the superintendent of the school district for which the District Education Council is established.

47(2) The superintendent is, subject to the authority under this Act of the Minister and the District Education Council concerned, the chief executive officer of the school district.

47(3) The appointment of a superintendent shall be for a five year term.

47(4) The appointment of a superintendent shall not be made without the prior written approval of the Minister.

47(5) Where a District Education Council seeks the approval of the Minister for the purposes of subsection (4), the District Education Council shall give to the Minister, in such form and containing such information as may be required by the Minister, notice of its intention to appoint the superintendent.

47(6) The Minister may approve or refuse to approve the appointment of a superintendent within one month after receipt by the Minister of the notice referred to in subsection (5).

47(7) The Minister may refuse to approve the appointment of a superintendent if, in the opinion of the Minister,

(a) the candidate lacks the requisite education, experience or qualifications, or

(b) an established selection policy or procedure has been violated.

47(8) Where the Minister refuses to approve the appointment of a superintendent, the Minister shall give the District Education Council concerned reasons for the refusal in writing.

47(9) Where the Minister refuses to approve the appointment of a superintendent, the District Education Council concerned may,

(a) in accordance with this section, appoint another individual as superintendent of the school district, or

(b) within thirty days after receipt of the reasons referred to in subsection (8), apply by Notice of Application to a judge of The Court of Queen's Bench of New Brunswick for a review of the decision made by the Minister.

47(10) The Rules of Court apply in respect of an application made under paragraph (9)(b).

47(11) Where the judge dismisses an application made under paragraph (9)(b), the District Education Council concerned shall, in accordance with this section, appoint another individual as superintendent of the school district.

47(12) A District Education Council shall not enter into a contract of employment or a contract renewing a contract of employment with an individual who is appointed as a superintendent of a school district unless the contract includes a five year term with no option to renew or extend the contract at the end of the term if the individual is not reappointed as a superintendent.

47(13) On the expiry of the term of an appointment or reappointment of a superintendent, the District Education Council concerned may, at the discretion of the District Education Council, reappoint the superintendent.

47(14) The reappointment of a superintendent shall be for a five year term.

47(15) An individual appointed as a superintendent of a school district before the commencement of this section and who holds that position on the commencement of this section shall be deemed to have been appointed under subsection (1).

48 The Act is amended by adding after section 47 the following:

District staffing

47.1(1) The superintendent of the school district, subject to subsection (2) and on behalf of and subject to any policies or directives of the District Education Council, shall select, appoint and direct, and may suspend, dismiss or otherwise discipline, such school personnel as are required to operate the schools and the school district office in the school district for which the District Education Council is established.

47.1(2) The superintendent in selecting and appointing school personnel required to operate the school district office shall do so in accordance with a plan of establishment authorized by the Minister.

47.1(3) School personnel employed in accordance with this section are employed in Part II of the public service of the Province as specified in the First Schedule of the Public Service Labour Relations Act.

47.1(4) The salary scales for all school personnel shall be those established by the Board of Management under the Financial Administration Act.

47.1(5) A District Education Council shall pay as salary to school personnel only those amounts specified in the salary scales established under subsection (4).

49 Section 48 of the Act is amended

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

48(1) A superintendent is accountable to the District Education Council concerned for the management of programs and resources, for the quality of learning and for the implementation of the district education plan and district expenditure plan in the school district in respect of which the superintendent is appointed or reappointed.

(b) in subsection (2)

(i) in the portion preceding paragraph (a) by striking out "each school district" and substituting "the school district";

(ii) by adding after paragraph (b) the following:

(b.1) ensuring the implementation of best practice in teaching and evaluation methodology,

(b.2) ensuring that school district and provincial policies are followed by school personnel,

(iii) by repealing paragraph (c) and substituting the following:

(c) having primary responsibility for the preparation and implementation of the district education plan and the district expenditure plan for the school district,

(iv) by repealing paragraph (d) and substituting the following:

(d) having primary responsibility for the preparation of a district performance report, in such format as may be determined by the Minister, for submission annually to the District Education Council and the Minister,

(v) by repealing paragraph (e);

(vi) by adding after paragraph (f) the following:

(f.1) ensuring that the performance of school personnel is evaluated, in accordance with the regulations,

(f.2) consulting with the Parent School Support Committee concerned, in accordance with paragraph 33(2)(d), when conducting a performance evaluation of a principal or a vice-principal,

(f.3) attending and participating in official meetings of the District Education Council,

50 The heading "Duties of directors of education" preceding section 49 of the Act is repealed.

51 Section 49 of the Act is repealed.

52 Section 50 of the Act is amended

(a) in paragraph (2)(b) by striking out "Micmac" and substituting "Mi'kmaq";

(b) in subsection (4) by striking out "Micmac" and substituting "Mi'kmaq";

(c) by adding after subsection (4) the following:

50(4.1) Subject to sections 50.1 and 50.2, a superintendent, on behalf of and subject to any policies or directives of the District Education Council concerned, may enter into agreements with a municipality, the Government of Canada or any other government or a person or organization for the purpose of carrying out the authorities and responsibilities of the District Education Council or the superintendent under this Act.

53 The Act is amended by adding after section 50 the following:

Application of legislation

50.1 Unless otherwise specifically provided for in this or any other Act of the Legislature or in any regulation under this or any other Act of the Legislature, a District Education Council is subject to those provisions of the Financial Administration Act, the Public Purchasing Act, the Crown Construction Contracts Act and the regulations under those Acts that apply to the Department of Education, and those provisions apply to a District Education Council with the necessary modifications.

School district budgets and expenditures

50.2(1) The Minister shall provide annually to each District Education Council a budget for the operation of the school district for which the District Education Council is established.

50.2(2) The Minister may

(a) revise the budget provided under subsection (1), and

(b) establish guidelines respecting the expenditure of the budget provided under subsection (1), or any revision of the budget under paragraph (a).

50.2(3) A District Education Council may expend

(a) in accordance with such guidelines as may be established by the Minister under paragraph (2)(b), such sums of money as are provided in the budget under subsection (1), or any revision of the budget under paragraph (2)(a),

(b) in accordance with the regulations, such additional sums of money as are

(i) earned and retained by the District Education Council from sources specified by regulation,

(ii) awarded to the District Education Council, or

(iii) received by the District Education Council by way of gift, and

(c) in accordance with the terms of the trust, such additional sums of money as are received by the District Education Council in trust for specific purposes.

50.2(4) The sums of money provided in the budget under subsection (1), or any revision of the budget under paragraph (2)(a), are to be drawn out of the Consolidated Fund by the District Education Council in accordance with the Financial Administration Act.

50.2(5) The financial accounts and records of a District Education Council shall be maintained on the financial accounting system provided and supported by the Province.

50.2(6) The Minister may, at the discretion of the Minister, examine the financial accounts and records of a District Education Council referred to in subsection (5).

50.2(7) A District Education Council may hold only such bank accounts as have been approved by the Minister of Finance.

50.2(8) A District Education Council shall expend only such sums of money as are identified in subsection (3) and shall not borrow money from external sources.

50.2(9) Notwithstanding the Financial Administration Act, a District Education Council may, subject to the regulations, retain from year to year a budgetary surplus which the District Education Council has realized in its operations and any additional sums of money referred to in paragraphs (3)(b) and (c).

54 The Act is amended by adding after section 51 the following:

Audit of school districts

51.1(1) Where an audit is performed by the Comptroller under section 13 or 14 of the Financial Administration Act in relation to the operation of a school district, a report on the results of the audit shall be prepared by the Comptroller for submission to the Minister and the District Education Council concerned.

51.1(2) The District Education Council concerned shall, within a reasonable period of time after receipt of the report on the results of the audit, present the report to the public at an official meeting of the District Education Council.

55 Paragraph 52(a) of the Act is amended by striking out "members of the school parent advisory committees, the district parent advisory councils and the provincial boards of education" and substituting "members of the Parent School Support Committees and the District Education Councils".

56 Section 53 of the Act is amended

(a) by striking out the portion preceding paragraph (a) and substituting the following:

53 The superintendent concerned, in accordance with the regulations and on behalf of and subject to any policies or directives of the District Education Council,

(b) in paragraph (a) by striking out "the Minister" and substituting "the superintendent".

57 The heading "Access to pupil records" preceding section 54 of the Act is repealed and the following is substituted:

Pupil records

58 Section 54 of the Act is amended

(a) by adding before subsection (1) the following:

54(0.1) A record shall be maintained in respect of each pupil.

(b) in subsection (1) by striking out "Subject to subsection (3), the parent of a pupil or an independent pupil" and substituting "Subject to subsections (1.1) and (3), the parent of a pupil or a pupil";

(c) by adding after subsection (1) the following:

54(1.1) Where a pupil has attained the age of nineteen years, a parent of the pupil is not entitled to access any record maintained in respect of the pupil without the consent of the pupil.

(d) in subsection (2) by striking out "director of education" wherever it appears and substituting "superintendent";

(e) in subsection (3)

(i) in the portion preceding paragraph (a) by striking out "director of education" wherever it appears and substituting "superintendent";

(ii) in paragraph (b) by striking out "director of education" wherever it appears and substituting "superintendent";

(f) in subsection (4) by striking out "director of education" wherever it appears and substituting "superintendent";

(g) in subsection (6) by striking out "director of education" wherever it appears and substituting "superintendent";

(h) by adding after subsection (6) the following:

54(7) A decision made by a superintendent under this section shall be made on behalf of and subject to any policies or directives of the District Education Council concerned.

59 Section 55 of the Act is amended

(a) by striking out "the Minister may" and substituting "the Minister, a District Education Council or a superintendent may";

(b) in the English version by striking out "in the opinion of the Minister" and substituting "in the opinion of the Minister, the District Education Council or the superintendent, as the case may be".

60 The heading "School personnel within Part II of the public service" preceding section 56 of the Act is repealed.

61 Section 56 of the Act is repealed.

62 Section 57 of the Act is amended

(a) by renumbering the section as subsection 57(1);

(b) in subsection (1)

(i) by adding after paragraph (g) the following:

(g.1) respecting the flying of flags;

(ii) by repealing paragraph (l) and substituting the following:

(l) respecting the admission and placement of pupils in classes, grades, programs, services and schools;

(iii) by adding after paragraph (r) the following:

(r.1) respecting the suspension of school privileges;

(iv) by adding after paragraph (v) the following:

(v.1) respecting the format of and the information to be contained in a school improvement plan or an annual school performance report;

(v) by adding after paragraph (w) the following:

(w.1) respecting required qualifications for school personnel;

(w.2) respecting performance evaluations of superintendents and other school personnel;

(w.3) respecting investigations of allegations of non-professional conduct of school personnel;

(vi) by repealing paragraph (ee) and substituting the following:

(ee) respecting the election of members of a Parent School Support Committee including without limiting the generality of the foregoing, respecting the eligibility requirements of candidates and voters, the nomination procedures, the holding of elections, the use of school buildings and other school resources for such elections and the filing and determination of complaints in relation to such elections;

(vii) by adding after paragraph (ee) the following:

(ee.1) prescribing the number of councillors for each District Education Council;

(ee.2) respecting the process for the nomination of candidates for the office of councillor;

(ee.3) respecting the use of school resources for District Education Council elections;

(ee.4) respecting District Education Council election campaigns, including spending limits;

(ee.5) prescribing schools districts for the purpose of subsection 36.2(3);

(viii) by repealing paragraph (ff) and substituting the following:

(ff) respecting the terms of office of members of a Parent School Support Committee and the maximum number of terms that members may serve;

(ix) by repealing paragraph (gg) and substituting the following:

(gg) respecting the acceptance of office and the taking and subscribing to an oath of office by members of a Parent School Support Committee or a District Education Council;

(x) by repealing paragraph (hh) and substituting the following:

(hh) respecting vacancies on a Parent School Support Committee;

(xi) by adding after paragraph (hh) the following:

(hh.1) respecting, for the purposes of subsections 36.51(1) and 36.7(7), the nomination of candidates by a District Education Council, and the appointment of councillors by the Minister, to fill vacant positions on a District Education Council;

(xii) by repealing paragraph (ii) and substituting the following:

(ii) respecting the circumstances under which a position on a Parent School Support Committee is considered to be vacant;

(xiii) by repealing paragraph (jj) and substituting the following:

(jj) respecting the resignation of members of a Parent School Support Committee;

(xiv) by repealing paragraph (kk) and substituting the following:

(kk) respecting the reimbursement of expenses of members of a Parent School Support Committee or a District Education Council;

(xv) by repealing paragraph (ll);

(xvi) by repealing paragraph (mm) and substituting the following:

(mm) respecting the selection of a chair and vice-chair from among the members of a Parent School Support Committee or a District Education Council;

(xvii) by repealing paragraph (nn) and substituting the following:

(nn) respecting the duties and powers of the chair and vice-chair of a Parent School Support Committee or a District Education Council;

(xviii) by repealing paragraph (oo) and substituting the following:

(oo) respecting meetings of a Parent School Support Committee or a District Education Council, including without limiting the generality of the foregoing, respecting the fixing of a day for the first meeting, the procedures to be followed in the fixing of dates for meetings, the number and frequency of meetings, the procedure to be followed at meetings, the quorum for meetings, the holding of special meetings, the holding of open and in camera meetings, the votes taken at meetings and the minutes of meetings;

(xix) by repealing paragraph (pp) and substituting the following:

(pp) respecting conflicts of interest pertaining to members of a Parent School Support Committee or a District Education Council, including the circumstances that constitute a conflict of interest, the disclosure of a conflict of interest and the manner in which a conflict of interest is to be dealt with;

(xx) by repealing paragraph (qq) and substituting the following:

(qq) respecting the appointment of persons to a Parent School Support Committee as community members;

(xxi) by repealing paragraph (rr);

(xxii) by repealing paragraph (tt);

(xxiii) by repealing paragraph (uu) and substituting the following:

(uu) respecting the establishment and operation of a support staff for the purposes of subsection 38.2(1);

(xxiv) by adding after paragraph (uu) the following:

(uu.1) respecting the selection of a representative for the purposes of subsection 38.2(2);

(xxv) by repealing paragraph (xx);

(xxvi) by repealing paragraph (yy) and substituting the following:

(yy) prescribing purposes and terms and conditions relating to the use of school property under section 46;

(xxvii) by adding after paragraph (yy) the following:

(yy.1) prescribing the purposes for which, and the terms and conditions under which, a District Education Council may retain and expend any fee charged for the use of school property under section 46;

(yy.2) prescribing, for the purposes of subparagraph 50.2(3)(b)(i), the sources from which a District Education Council may earn and retain additional sums of money;

(yy.3) prescribing the purposes for which, and the terms and conditions under which, a District Education Council may retain and expend additional sums of money referred to in paragraph 50.2(3)(b);

(yy.4) prescribing the purposes for which, and the terms and conditions under which, a District Education Council may retain and expend a budgetary surplus which the District Education Council has realized in its operations and prescribing the maximum budgetary surplus that may be retained by a District Education Council;

(xxviii) by adding after paragraph (aaa) the following:

(aaa.1) respecting access to and the contents, maintenance, retention and disposal of pupil records;

(c) by adding after subsection (1) the following:

57(2) Subject to subsection 4(1), the Lieutenant-Governor in Council, on the recommendation of the Minister, may make regulations

(a) dividing the Province into school districts;

(b) creating new school districts;

(c) abolishing or altering boundaries of school districts;

(d) amalgamating school districts.

57(3) The Lieutenant-Governor in Council, on the recommendation of the Minister, may make regulations dividing each school district into subdistricts.

57(4) The Lieutenant-Governor in Council, on the recommendation of the Minister after consultation with the District Education Council concerned, may make regulations

(a) altering the number of subdistricts within a school district;

(b) altering the boundaries of one or more subdistricts within a school district.

57(5) The Lieutenant-Governor in Council, on the recommendation of the Minister after consultation with the District Education Council concerned, no later than the thirty-first day of October in the year before the year in which a District Education Council election is to be held, may make regulations

(a) eliminating an existing electoral zone;

(b) combining two or more subdistricts into an electoral zone.

57(6) Notwithstanding subsection (5), the Lieutenant-Governor in Council, on the recommendation of the Minister, may make regulations combining two or more subdistricts into an electoral zone for the purpose of the District Education Council elections to be held in May 2001.

63 Section 58 of the Act is repealed and the following is substituted:

58 The Regulations Act does not apply to any instrument made under the authority of this Act by the Minister, or by a Parent School Support Committee or a District Education Council.

64 Section 59 of the Act is repealed.

65 Section 60 of the Act is repealed.

66 Section 61 of the Act is repealed.

67(1) The district parent advisory councils and the provincial boards of education established under the Education Act and subsisting immediately before the commencement of this subsection are dissolved effective July 1, 2001.

67(2) All elections and appointments of persons as members of the district parent advisory councils and the provincial boards of education dissolved under subsection (1) are revoked.

67(3) No action, application or other proceeding lies or shall be instituted against the Minister of Education or the Crown in right of the Province as a result of the dissolution of the district parent advisory councils or the provincial boards of education under subsection (1) or the revocation of the elections or appointments of persons as members of them under subsection (2).

68(1) A school parent advisory committee established under the Education Act continues under the name Parent School Support Committee.

68(2) The members of a school parent advisory committee continued under subsection (1) who held office immediately before the commencement of this subsection continue in office, subject to the provisions of the Education Act and any regulation under that Act, as members of a Parent School Support Committee until they are re-elected, reappointed or replaced.

68(3) Any reference to a school parent advisory committee in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or other instrument or document shall be read as a reference to a Parent School Support Committee unless the context requires otherwise.

69(1) New Brunswick Regulation 97-149 under the Education Act is repealed.

69(2) Notwithstanding subsection (1) or any other provision of this amending Act, the school districts established by New Brunswick Regulation 97-149 under the Education Act shall remain in place for the purposes of the management, administration and operation of the public education system in the Province up to and including June 30, 2001.

70(1) Any person selected on or after the commencement of this subsection and before July 1, 2001, for appointment by a deputy minister of Education to Part II of the public service of the Province as specified in the First Schedule of the Public Service Labour Relations Act as a superintendent or a director of education of a school district shall be selected, subject to subsection (3), by a selection committee established by the Minister of Education.

70(2) In establishing a selection committee for the purposes of subsection (1),

(a) half of the members appointed to the selection committee by the Minister of Education shall be members of a district parent advisory council who represent schools located in the school district for which the superintendent or director of education will be responsible effective July 1, 2001, and

(b) at least one of the members appointed to the selection committee by virtue of paragraph (a) shall be a member of the appropriate provincial board of education.

70(3) The selection of a person by a selection committee for the purposes of subsection (1) is subject to the approval of the Minister of Education.

70(4) Notwithstanding subsection 47(1) of the Education Act, a person appointed to the position of superintendent of a school district on or after the commencement of this subsection and before July 1, 2001, shall be appointed for a two year term.

71(1) Subject to subsection (2), this Act comes into force on July 1, 2001.

71(2) Paragraphs 2(a) and (c), section 30, section 34, as that section relates to subparagraph 38(2)(b)(vi) of the Education Act, section 43, paragraph 62(a), subparagraphs 62(b)(vii) and (xxv), paragraph 62(c) and sections 69 and 70 of this Act or any provision of them come into force on a day or days to be fixed by proclamation.