Acts and Regulations

E-1.12 - Education Act

Section 41
Disposition versions

Full text
Dissolution of a District Education Council
2000, c.52, s.41
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 King’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.
2000, c.52, s.42; 2021, c.10, s.1; 2023, c.17, s.63
Dissolution of a District Education Council
2000, c.52, s.41
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.
2000, c.52, s.42; 2021, c.10, s.1
Dissolution of a District Education Council
2000, c.52, s.41
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.
2000, c.52, s.42
Dissolution of a District Education Council
2000, c.52, s.41
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.
2000, c.52, s.42