Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
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Healthy Students Act +

Legislature :
Session :
Bill No. :
Member :
Ms. C. Robichaud
First Reading :
Second Reading :
Committee of the Whole :
Amended :
Third Reading :
Royal Assent :
Download PDF :
Bill 44

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


1                           The following definitions apply in this Act.

"Committee" means the committee established in section 2. (ComitÚ)

"Minister" means the Minister of Education. (ministre)

"objectives" means the objectives aimed at the enhancement of physical education and healthy lifestyles established in section 4. (objectifs)

"term" means four years. (mandat)

Establishment of Committee

2                           A body for study and consultation, hereinafter called "the Committee" is established under the name "Healthy Students Advisory Committee" in English and "le ComitÚ consultatif pour des Útudiants en santÚ" in French.

Duties of the Committee

3                           The Committee shall

(a)               provide advice and counsel to the Minister on the objectives; and

(b)               report to the Legislative Assembly, as established by section 5, on the progress made towards the objectives and the additional steps required to ensure their attainment.


4                           The Minister shall consult with the Committee in order to attain the following objectives by December 31, 2010:

(a)               ensuring that every school, as defined by the Education Act, is providing 150 minutes per student per week of physical education;

(b)               maintaining data for each district regarding

(i)         the percentage of schools with a dedicated physical education teacher on staff,

(ii)       the extra-curricular options available to students that involve physical activity,

(iii)    best practices in the wellness education curriculum in schools, and

(iv)      the quality and availability of facilities linked to physical activity in each school;

(c)               developing a province-wide curriculum of extra-curricular athletics for all schools in New Brunswick;

(d)               ensuring that every school in New Brunswick has access to a specialist in physical education and planning wellness to assist in the development of curriculum and pedagogy;

(e)               developing a province-wide curriculum for physical education at the elementary level;

(f)                developing a province-wide set of standards and indicators for the physical fitness of students, and

(g)               ensuring that students at every school have reasonable access to facilities, services and equipment outside normal hours of in-class instruction.

Committee Report

5(1)                   The Committee shall report to the Legislative Assembly each calendar year no later than the thirty-first day of December, by filing a report with the Speaker of the Legislative Assembly.

5(2)                   The report of the Committee shall contain

(a)               a report on progress toward the objectives;

(b)               information on the level of funding, by district, designated to physical education and wellness;

(c)               recommendations for making further progress on the objectives, including the levels of funding; and

(d)               any further information the Committee shall see fit.

5(3)                   The Minister may, by regulation, impose additional requirements upon the report of the Committee.

5(4)                   The Minister shall, within ninety days of receipt of the report of the Committee by the Legislative Assembly, lay before the Legislative Assembly a response to any recommendations made by the Committee.

Composition of Committee

6(1)                   The Committee shall consist of up to nine members appointed by the Minister.

6(2)                   The Minister shall appoint a Chairperson.

6(3)                   The Minister shall ensure that at least one member of the Committee is a physical education teacher employed within the Province of New Brunswick.

6(4)                   The Minister shall ensure that at least three members of the Committee are school teachers employed within the Province of New Brunswick.

6(5)                   The Minister shall ensure representation from the Anglophone and Francophone education systems when appointing members of the Committee.

6(6)                   The Minister shall, in making appointments under subsection (4), consult with the associations representing teachers in negotiations under the Public Service Labour Relations Act.

Reappointment or replacement of members

7(1)                   The members of the Committee shall continue to serve notwithstanding the expiry of their term until notice is given to the Minister.

7 (2)                  The Minister shall fill any vacancy upon the Committee as required.

7(3)                   The Minister may, by regulation, establish compensation to be paid to members of the Committee.

Consequential Amendments

8                           Subsection 57(1) of the Education Act, chapter E-1.12 of the Acts of New Brunswick, 1997, is amended:

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

(f.1)            respecting the minimum number of minutes per week for physical education instruction;

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

(ddd.1)   respecting the minimum levels of funding for the physical education curriculum;


9                           This Act shall lapse on December 31, 2010.


10                        This Act or any provision of it comes into force on a day or days to be fixed by proclamation.


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