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                                This Act is current to August 12, 2020
                                See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

                                School Act

                                [RSBC 1996] CHAPTER 412

                                Contents
                                Part 1 — Interpretation
                                1Definitions and interpretation
                                Part 2 — Students and Parents
                                Division 1 — Students
                                2Access to educational program
                                3Entry to educational program
                                3.1Enrolment — distributed learning
                                4Consultation
                                5Language of instruction
                                6Duties of students
                                Division 2 — Parents
                                7Parents' entitlements and responsibilities
                                7.1Parent volunteers
                                8Parents' advisory council
                                8.1Repealed
                                8.2Repealed
                                8.3School plan
                                8.4District parents' advisory council
                                8.5Purpose and operation of district parents' advisory council
                                Division 3 — Joint Rights and Duties
                                9Examination of student records
                                10Liability for damage to property
                                11Appeals
                                11.1Appeal to superintendent of appeals
                                11.2Superintendent of appeals
                                11.3Board decision may be suspended
                                11.4Adjudication of appeals
                                11.5Reconsideration by board
                                11.6Decision final
                                11.7Application of the Administrative Tribunals Act
                                11.8Immunity protection for superintendent of appeals, mediator or adjudicator
                                Division 4 — Home Education
                                12Home education
                                13Registration
                                14Power to report
                                Part 3 — School Personnel
                                Division 1 — General
                                15Employees
                                16Report of dismissal, suspension and discipline regarding authorized persons
                                16.1Report of dismissal, suspension and discipline regarding superintendents
                                17Teachers' responsibilities
                                18Teachers' assistants
                                19Employee? qualifications
                                20Principal, vice principal and director of instruction
                                21Offer of teaching position and seniority
                                22Superintendent of schools
                                23Secretary treasurer
                                24Notification of appointment
                                25Act prevails
                                26Powers to suspend
                                26.1Board use of volunteers
                                Division 2 — Teachers' Collective Agreements
                                27Terms and conditions of teachers' employment and restricted scope of bargaining
                                27.1Repealed
                                28Scope of bargaining
                                29Application of the Labour Relations Code
                                Part 4 — School Trustees
                                Division 1 — Establishment of Boards of Education
                                30Composition of board
                                31First members of board
                                Division 2 — Trustee Qualifications
                                32Who may hold office
                                33Disqualifications
                                34Disqualification of board employees
                                Division 3 — Elections
                                35General school election
                                36By-elections
                                37Responsibility for conducting elections
                                38Costs of trustee election conducted by municipality
                                Division 4 — Electors
                                39Who may vote at an election
                                40Resident electors
                                41Non-resident property electors
                                42Rules for determining residence
                                43Registration as an elector
                                44Repealed
                                Division 5 — Election Proceedings
                                45Elections conducted by board
                                46Elections conducted by municipality
                                46.1Candidate endorsement by elector organization
                                47Counting of the vote
                                48Election offences
                                Division 6 — Holding Office
                                49General term of office
                                50Oath of office
                                51Resignation from office
                                52Trustee disqualification from holding office
                                53Removal of trustee following conviction for offence
                                54Questions as to trustee qualifications
                                Part 5 — Conflict of Interest
                                55Definitions
                                56Indirect pecuniary interest
                                57Deemed pecuniary interest
                                58Duty of trustee
                                59Exceptions
                                60Record of disclosure
                                61Remedy for lack of quorum
                                62Application to court
                                63Remedy
                                64Proceedings voidable
                                Part 6 — Boards of Education
                                Division 1 — Corporate Status and Meetings
                                65Board is a corporation
                                66Quorum
                                67Meetings and chair
                                68Passage of bylaws
                                69Attendance of public and secretary treasurer at meeting
                                70Improper conduct at meetings
                                71Remuneration and expense allowance
                                72Minutes
                                Division 2 — Powers and Duties
                                73Establishment and closure of schools
                                74Management of schools and property
                                74.01Video surveillance cameras
                                74.1Enrolment in an educational program
                                75Provision of educational program
                                75.1Catchment areas
                                76Conduct
                                76.1Class size
                                76.2-76.7Repealed
                                76.8Authority of vice principal under section 76.1
                                77Repealed
                                78Repealed
                                78.1Repealed
                                79Student records
                                79.1Transmitting records
                                79.2-79.4Repealed
                                80Repealed
                                81Reports
                                81.1Repealed
                                82Fees and deposits
                                82.1Specialty academies
                                82.2Trades programs
                                82.3Musical instruments
                                82.31International Baccalaureate
                                82.4Requirement for financial hardship policy
                                83Financial assistance
                                84Insurance
                                85Power and capacity
                                85.1Policies respecting child care programs
                                85.2Boards may provide child care programs
                                85.3Child care programs provided by others
                                85.4Use of board property for child care programs
                                86Agreements
                                87Training of student teachers
                                Division 2.1 — School Calendars
                                87.01School calendar
                                87.02School calendar — amendment
                                87.03Requirement to comply with school calendar
                                Division 3 — Health and Other Support Services
                                87.1Definitions for this Division
                                88Support services for schools
                                89School medical officer
                                90Inspection and closure of school
                                91Examinations and reports by school medical officer
                                92Board may require employee to undergo examination
                                Division 4 — Limitation of Actions and Indemnification
                                93Interpretation
                                94Actions against board
                                95Indemnification against proceedings
                                Part 6.1 — Companies
                                Division 1 — Interpretation
                                95.1Definitions
                                95.11Definitions — application of Business Corporations Act
                                95.12Repealed
                                Division 2 — Incorporation
                                95.2Formation of company
                                95.21Formation of companies — signature on articles
                                95.22Effect of incorporation
                                95.23Formation of companies — application of the Business Corporations Act
                                95.231Company without a member
                                95.24Corporate name
                                95.25Share capital
                                95.26Member of one company
                                95.27Capacity and powers — application of the Business Corporations Act
                                95.28Repealed
                                95.29Company offices — application of the Business Corporations Act
                                Division 3 — Finance
                                95.3Share transfer
                                95.31Guarantees and indemnities
                                95.32Shares and liabilities of members — application of the Business Corporations Act
                                95.33Loans and transfers to a company
                                95.34Borrowings — application of the Business Corporations Act
                                Division 4 — Management
                                95.4Number of directors
                                95.41Management — application of the Business Corporations Act
                                95.411Residence of majority of directors
                                95.412Financial assistance restricted
                                95.413When loans and guarantees prohibited
                                95.414Contract enforceable
                                95.42Annual general meetings
                                95.43Attendance of public and secretary treasurer at meetings
                                95.44Improper conduct at meetings
                                95.45Minutes of proceedings
                                Division 5 — Records
                                95.5Examination of records
                                95.51Inspection of accounting records
                                95.52Records — application of the Business Corporations Act
                                95.53Annual report
                                Division 6 — Audits
                                95.6Audit committee
                                95.61Audits — application of the Business Corporations Act
                                95.62Appointment of auditors
                                95.63Duties and rights of auditor
                                Division 7 — Company Alterations
                                95.7Conversion of a company
                                95.71Liabilities unaffected by conversion
                                95.72Company alterations — application of the Business Corporations Act
                                95.73Special resolution must be approved by bylaw
                                Division 8 — Proceedings, Dissolution and Restoration and Administration
                                95.8Proceedings — application of the Business Corporations Act
                                95.81Member of more than one company
                                95.82Dissolution and restoration — application of the Business Corporations Act
                                95.83Administration — application of the Business Corporations Act
                                Division 9 — Regulations
                                95.9Regulations — application of Business Corporations Act
                                95.91Transition
                                Part 7 — School Property
                                Division 1 — Acquisition and Disposal of Land and Improvements
                                96Acquisition and disposal of land
                                97Assets in board's name
                                98Sites
                                99Grants of Crown land
                                100Disposition of proceeds on alienation
                                100.1Disposition of proceeds from a lease
                                101School sites under the Local Government Act
                                Division 2 — School District Housing
                                102Authority to provide housing
                                103Repealed
                                104Financing
                                105Rent
                                106Application of Division
                                Part 8 — Finance
                                Division 1 — Provincial Funding
                                106.1Definitions
                                106.2Provincial funding for boards
                                106.3Operating grants to boards
                                106.4Targeted grant
                                107-108Repealed
                                109Repealed
                                Division 2 — Establishment of Board Budgets
                                110Financial information
                                111Preparation of annual budget
                                112Referendum
                                112.1Referendum bylaw
                                113Adoption of budget
                                Division 3 — Grants
                                114Payment of grants
                                115Special purpose grants
                                115.1Annual facility grant
                                115.2Repealed
                                116Support of Provincial schools
                                117Conditions of grant payment
                                Division 4 — Taxation
                                117.1Definitions for this Division
                                118Grants in place of taxes
                                119General school tax
                                120Repealed
                                120.1Additional school tax
                                120.2Determining net taxable value
                                120.3Notice to municipal collector
                                121Adjustments
                                122Liability for taxation
                                123Application of other Acts for rural areas
                                124Collection of school taxes by municipality
                                125Interest on unpaid taxes
                                126Inspection
                                127Application of other Acts for municipalities
                                128General provisions on collection of school taxes
                                129Taxation of school property
                                130Agricultural land reserve exemption
                                131Other exemptions
                                131.01Revitalization school tax exemption
                                131.1School tax exemptions and refunds for approved and eligible alternative energy power projects
                                131.2Provincial industrial property tax credit
                                131.3Provincial farm land tax credit
                                132Corporations
                                133Assessor may require information in rural area
                                134Collector to apply Taxation (Rural Area) Act
                                135Appeal
                                136Assessment to repay borrowed money
                                137School referendum taxes
                                Division 5 — General
                                138Regulations
                                139Short term borrowing
                                140First charges
                                Division 6 — Capital Plans and Money Bylaws
                                141Capital projects
                                142Capital plan
                                143Capital bylaws
                                144Borrowing for capital expenditures
                                145Sinking fund debentures
                                146Issue of debentures to certain special purchasers
                                Division 7 — Debentures
                                147Issue of debentures
                                148Signature and corporate seal
                                149Debentures guaranteed
                                150Registration of debentures and transfers
                                151Validity of debentures
                                152Issue of duplicate debenture
                                153Provincial repayments to board
                                154Repayment of debentures
                                Division 8 — Accounts and Audits
                                155Repealed
                                156Accounting practices
                                157Financial statements
                                157.1Financial information
                                158Appointment of auditor
                                159Rescission of auditor's appointment
                                160Minister may remove auditor
                                161Duties of auditor
                                162Auditor to report irregularities
                                163Unauthorized expenditures
                                164Duty to assist auditor
                                165Auditor's power to obtain records
                                166Elector may object
                                Part 8.1 — Francophone Education Authorities
                                Division 1 — Interpretation
                                166.1Definitions
                                166.11Interpretation
                                Division 2 — Establishment and Membership
                                166.12Establishment of francophone education authorities
                                166.13Membership in a francophone education authority
                                166.14Members' right to vote
                                166.15-166.16Repealed
                                Division 3 — Regional Trustees
                                166.17Appointment of first regional trustees
                                166.18General election of regional trustees
                                166.19Oath of office
                                166.2Vacancy in office of regional trustee
                                166.21Powers, functions and duties of board of regional trustees
                                166.211Repealed
                                166.22Meetings of the board of regional trustees
                                166.23Conflict of interest
                                Division 4 — Francophone Educational Programs
                                166.24Enrolment in a francophone educational program
                                166.241Priority of enrolment
                                166.25Provision of francophone educational programs
                                166.251Francophone catchment areas
                                166.26Rights and duties of enrolled children and their parents
                                Division 5 — Personnel
                                166.27Directeur général and secrétaire trésorier
                                166.28Francophone school personnel
                                Division 6 — School Property
                                166.29Acquisition and disposal of land and improvements
                                166.3Housing accommodation
                                Division 7 — Finance
                                166.31Establishment of budgets for francophone education authorities
                                166.32Grants
                                166.33Taxation of francophone school property
                                166.34Short term borrowing and first charges
                                166.35Capital plans and money bylaws
                                166.36Debentures
                                166.37Accounts and audits
                                166.38Member may object
                                166.39Right of action preserved
                                Division 8 — General
                                166.4Additional powers and duties of a francophone education authority
                                166.41Health and other support services
                                166.42Limitation of actions against francophone education authority
                                166.43Indemnification against proceedings
                                166.431Appointment of special advisor or special advisory committee to francophone school district
                                166.432Powers of special advisor and special advisory committee to francophone school district
                                166.433Responsibility of francophone education authority
                                166.44Appointment of official trustee
                                166.45Powers of official trustee
                                166.451School calendars
                                166.452Reimbursement of expenses for designated educational activities
                                166.453Annual practice fee
                                166.46Maintenance of order
                                166.47Administrative directives
                                Part 9 — General
                                Division 1 — Ministry of Education
                                167Ministry of Education
                                168Jurisdiction of minister
                                168.001Orders respecting child care programs
                                168.01Minister's regulations — class size and composition
                                168.02Minister's regulations — school calendars
                                168.03Administrative directives
                                168.04Administrative directives — projects
                                168.1Reimbursement of expenses for designated educational activities
                                168.2Annual practice fee
                                169Annual report and ministerial statement
                                Division 1.1 — Personal Education Numbers and Personal Information
                                169.1Definition
                                170Student personal information
                                170.1Personal education numbers
                                170.2Public post-secondary students
                                170.3Not in force
                                170.4Student financial assistance
                                170.5Repealed
                                Division 2 — Education Advisory Council
                                171Education advisory council
                                Division 2.1 — Special Advisor and Special Advisory Committee
                                171.1Appointment of special advisor or special advisory committee
                                171.2Powers of special advisor and special advisory committee
                                171.3Responsibilities of the board
                                Division 2.2
                                171.4-171.6Repealed
                                Division 3 — Official Trustee
                                172Appointment of official trustee
                                173Powers of official trustee
                                Division 4 — Examiners
                                174Appointment of boards of examiners
                                Division 5 — Lieutenant Governor in Council Regulations and Orders
                                175Power to make regulations and orders
                                176Creation and alteration of school districts
                                Division 6 — Offences
                                177Maintenance of order
                                Division 7 — Validation of Fees
                                178Validation of fees — International Baccalaureate program
                                Schedule
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