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.

2(2)All schools established under this section are to be non-sectarian.

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.

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.

4(1)Two distinct education sectors are established consisting of

4(2)Schools and classes of a school district shall be organized in the official language of the school district.

4(3)The language of instruction in schools and classes of a school district, other than second language instruction, shall be the official language of the school district.

4(4)For each of the two education sectors established under subsection (1), there shall be a dedicated division within the Department of Education to develop and oversee the implementation and evaluation of educational programs and educational services.

4(5)The educational programs and educational services provided within a school district, other than second language instruction, shall be developed, implemented and delivered by persons who speak the official language of the school district and so as to preserve and promote that language and culture.

4(6)Notwithstanding any other provision of this Act, the educational programs and educational services provided within a school district organized in one official language shall not be provided in the other official language for persons who speak that other official language.

5(1)A person entitled to free school privileges under section 8 is entitled

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.

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(1)Subject to subsection (2), the Minister shall provide free school privileges under this Act for every person who is of school age and who

8(2)Subsection (1) does not relieve the Government of Canada of any obligation in respect of the education of any person whose education is the constitutional responsibility of the Government of Canada.

8(3)The Minister may, in accordance with and subject to such terms and conditions as may be prescribed by regulation, provide free school privileges to such other persons or categories of persons as may be prescribed by regulation.

8(4)The Minister may, in accordance with and subject to such terms and conditions and fees as may be prescribed by regulation, provide school privileges to such persons or categories of persons not entitled under subsection (1) or (3) to receive free school privileges as may be prescribed by regulation.

9(1)For the purposes of paragraph 8(1)(b) and regulating the placement of pupils under section 11 or 12, the residence of a pupil means

9(2)For the purposes of subsection (1) and the definition “independent pupil”, the superintendent concerned shall, at the written request of the pupil or the parent of the pupil, determine whether or not the pupil is living independently of the parent of the pupil.

10(1)A superintendent shall refuse admission to a pupil entering school for the first time who does not provide satisfactory proof of the immunizations required under the Health Act or the regulations under that Act.

10(2)Subsection (1) does not apply to a pupil whose parent provides

11(1)The superintendent concerned shall determine the placement of pupils in classes, grades, programs, services and schools according to the needs of the pupils and the resources of the school district.

11(2)For the purposes of placement, kindergarten shall be considered the first year of public education.

11(3)The parent of a pupil or an independent pupil may, in accordance with the regulations, appeal a decision made under subsection (1) or section 12 in respect of the placement of the pupil.

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

12(1)Where the superintendent concerned, after consulting with qualified persons, determines that the behavioural, communicational, intellectual, physical, perceptual or multiple exceptionalities of a person are contributing to delayed educational development such that a special education program is considered by the superintendent to be necessary for the person, that person shall be an exceptional pupil for the purposes of this Act.

12(2)The superintendent concerned shall ensure that the parent of a pupil is consulted during the process of the determination referred to in subsection (1), and in the process of developing special education programs and services for the pupil.

12(3)The superintendent concerned shall place exceptional pupils such that they receive special education programs and services in circumstances where exceptional pupils can participate with pupils who are not exceptional pupils within regular classroom settings to the extent that is considered practicable by the superintendent having due regard for the educational needs of all pupils.

12(4)Where an exceptional pupil is not able to receive a special education program or service in a school due to

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

13(1)In support of the learning success of his or her child and the learning environment at the school, a parent is expected to

13(2)The parent of a pupil has a right to reasonable consultation with the pupil’s teacher or the principal of the school the pupil attends with respect to the education of the pupil.

13(3)It is the responsibility of the parent of a pupil and of school personnel to conduct themselves in a respectful manner and to follow established procedures when involved in communications concerning the pupil.

14(1)It is the duty of a pupil to

14(2)It is the right of a pupil to be informed of his or her educational progress on a regular basis.

15(1)Except as provided in section 16 and subject to subsection (2), a child is required to attend school in the school in which the child is placed by the superintendent concerned under section 11

15(2)The parent of a child referred to in paragraph (1)(a) may defer the attendance of his or her child until the first school day of the next school year if the child has not attained the age of five years on or before the first day of September of a given school year.

15(3)For the purposes of this Act, the reference in paragraph (1)(b) to eighteen years shall, until July 1, 1999, be read as a reference to sixteen years.

15(4)The principal of a school or such other person as may be designated by the superintendent concerned shall, subject to any policies or directives of the District Education Council concerned, examine every case of non-compliance with subsection (1) in the school.

15(5)When the examination warrants it, the principal or such other person as may be designated by the superintendent concerned shall, by way of a written notice,

15(6)On receipt of the notice referred to in paragraph (5)(b), unless the child is excused from attendance as provided by this Act or the regulations, the parent of the child shall immediately cause the child to attend school.

15(7)A parent who violates or fails to comply with subsection (6) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

15(8)Subsection (7) does not apply if the child concerned has attained the age of sixteen years.

16(1)A child is not required to attend school if the child

16(2)The Minister shall, on application of the parent of a child, exempt in writing the child from attending school where the Minister is satisfied that the child is under effective instruction elsewhere.

17(1)Where a child is required by this Act to be in attendance at school, no person shall employ that child during his or her school hours.

17(2)A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

18(1)Where

18(2)For the purposes of this Act, the reference in subparagraph (1)(a)(ii) to seventeen years shall, until July 1, 1999, be read as a reference to fifteen years.

20(1)A principal may exclude from school property a pupil who is or is suspected to be affected with an acute communicable disease or an acute communicable infestation.

20(2)Where a pupil has been excluded from school property under this section, the principal may require the pupil to produce a medical certificate of freedom from contagion or infestation before allowing the pupil to return to school.

21(1)Subject to the authority of the District Education Council concerned under subsection 45(2), every teacher has a general oversight of school property while being used for school purposes.

21(2)Subject to any policies or directives of the District Education Council concerned, every teacher shall

21(3)When performing the duties of a student teacher, a student teacher has the same powers and responsibilities as a teacher under this Act in respect of the maintenance of order and discipline.

22(1)Where a person creates or attempts to create a disturbance in or on school property while being used for school purposes, a teacher may exclude that person from the school property.

22(2)Where under subsection (1) a teacher attempts to exclude a person from school property and that person refuses to immediately leave the school property that person commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

22(3)Where a person, in or on school property,

24(1)A principal may for cause suspend

24(2)The superintendent concerned may for cause suspend any or all school privileges of a pupil for such period of time as is determined by the superintendent.

24(3)Where a principal suspends a pupil under paragraph (1)(a), the principal shall immediately report the matter in writing to the superintendent concerned.

24(4)In accordance with the regulations, the parent of a pupil or an independent pupil may, where the pupil is suspended from attendance at school under this section for more than five school days in a school year, appeal the most recent suspension from attendance at school.

24(5)Where a pupil’s school privileges are suspended under this section and not reinstated on an appeal of the suspension under subsection (4), the pupil’s school privileges shall not be reinstated, despite the expiry of the period of time of the suspension, unless assurance of the pupil’s reform is received from the pupil.

24(6)A principal may, for the purposes of this section, designate a vice-principal of the school to act on behalf of the principal.

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.

27(1)The duties of a teacher employed in a school include

27(2)A teacher employed in a school is accountable to the superintendent of the school district through the principal of the school for the performance of the teacher’s duties and the overall educational progress of the pupils under the teacher’s instruction.

28(1)The principal of a school

28(2)The duties of a principal include

30(1)In this section

30(2)The Minister shall provide a system of teacher certification for the purposes of establishing certification standards and for the issuance, conversion, suspension, revocation and reinstatement of teachers’ certificates.

30(3)The Minister may for cause

30(4)The Minister may for cause, as the Minister considers appropriate in the circumstances,

30(5)A person whose teacher’s certificate has been suspended or revoked under subsection (4) shall not teach in a school during the period of suspension or revocation, as the case may be.

30(6)A teacher’s certificate suspended under paragraph (4)(b) is automatically reinstated on the expiry of the period of suspension.

30(7)A teacher’s certificate suspended under paragraph (4)(c) shall be reinstated once the Minister is satisfied that the conditions specified by the Minister at the time of the suspension have been met.

30(8)A teacher’s certificate suspended under paragraph (4)(d) shall be reinstated, converted to a conditional teacher’s certificate, suspended or revoked in accordance with the decision of the Appeal Board.

30(9)A person whose teacher’s certificate has been revoked under paragraph (4)(e) may, after the expiry of the period of revocation, apply to the Minister, in accordance with the regulations and subject to the same requirements that exist for new applicants, for the issuance of a new teacher’s certificate.

30(10)Where the Minister acts under subsection (3) or (4), the Minister shall in writing immediately notify the applicant or the teacher, as the case may be,

30(11)A decision of the Minister under this section does not constitute disciplinary action for the purposes of the Public Service Labour Relations Act, and is not subject to grievance or adjudication under that Act or a collective agreement under that Act.

31(1)There is established an Appeal Board on Teacher Certification consisting of such persons as are appointed by the Lieutenant-Governor in Council in accordance with the regulations.

31(2)Subject to subsection (3), an applicant or a teacher affected by a decision of the Minister under section 30 may, by notice in writing, appeal the decision to the Appeal Board.

31(3)A decision of the Minister under paragraph 30(3)(b) to refuse to issue a teacher’s certificate may not be appealed if the grounds for such refusal pertain to insufficient credentials for certification.

31(4)The Minister may refer a matter under paragraph 30(4)(d) or any other matter relating to the issuance, conversion, suspension and revocation of teachers’ certificates to the Appeal Board for review and decision.

31(5)The Appeal Board shall hear, determine or otherwise deal with any matter appealed to it under subsection (2) or referred to it under subsection (4), and may confirm, vary or rescind the decision of the Minister under section 30 or otherwise dispose of the matter referred to it.

31(6)The decision of the Appeal Board under this section is final and shall not be questioned or reviewed in any court.

31(7)Notwithstanding subsection (6), the Appeal Board may at any time, where it considers it advisable to do so, on application or of its own motion reconsider any decision made by it and may vary or revoke any such decision.

31(8)The Appeal Board, for the purposes of this Act, is vested with all the powers and privileges of commissioners under the Inquiries Act.

31.1(1)In this section

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

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

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)No disciplinary action may be taken against, and no resignation may be accepted from, a member of the school personnel as a result of non-professional conduct or alleged non-professional conduct, nor is any agreement in relation to such disciplinary action or resignation valid, without the prior approval of the Minister.

31.1(12)The Minister may, prior to any disciplinary action being taken against a member of the school personnel, take such action as the Minister considers appropriate if, in the opinion of the Minister, a matter reported to the Minister under this section

31.1(12.1)Notwithstanding subsection (12), the Minister may, at any time, act under section 30.

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.

32(1)There shall be a Parent School Support Committee for each school under this Act.

32(2)A Parent School Support Committee shall have no fewer than six and no more than twelve members, the exact number of which shall be determined in accordance with such guidelines as may be established by the District Education Council concerned.

32(3)The majority of the members of a Parent School Support Committee shall be parents of pupils enrolled in the school or persons nominated by parents of pupils enrolled in the school as representatives of those parents.

32(4)The members of a Parent School Support Committee referred to in subsection (3) shall, in accordance with the regulations,

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.

32(5)One teacher employed at the school, elected by the teachers employed at the school in accordance with such guidelines as are established by the District Education Council concerned, shall be a member of the Parent School Support Committee.

32(6)In a school where a high school program is provided, a pupil of the school enrolled at the high school level, elected by pupils of the school in accordance with such guidelines as are established by the District Education Council concerned, shall be a member of the Parent School Support Committee.

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.

32(7)Subject to subsections (2) and (3), the members of a Parent School Support Committee elected or appointed to the Parent School Support Committee under subsection (4) may, in accordance with the regulations, appoint one or two persons to the Parent School Support Committee as community members.

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.

32(8)The principal of the school shall attend and participate in all meetings of the Parent School Support Committee.

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.

32(9)Notwithstanding subsection (1), the District Education Council concerned may

32(10)Notwithstanding subsections (2) and (4), the District Education Council concerned may

33(1)A Parent School Support Committee shall advise the principal of the school respecting the establishment, implementation and monitoring of the school improvement plan which may include

33(2)A Parent School Support Committee shall

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

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

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

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

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.

36.3(1)District Education Council elections shall be held on the same day as quadrennial 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,

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(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.

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

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)(c) of the Municipal Elections Act.

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).

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

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.

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

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.

36.7(1)Subject to subsection (4), the term of office of every elected councillor is four 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 four 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

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.

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

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

36.9(6)A District Education Council may

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

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

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

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).

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

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.

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

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

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.

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,

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(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

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

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.

42(1)The Minister shall administer this Act and may designate persons to act on behalf of the Minister.

42(2)The Minister, with the approval of the Lieutenant-Governor in Council, may establish educational advisory boards, educational advisory committees and such other educational advisory bodies as the Minister considers necessary for the effective administration of this Act.

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

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(1)The financial resources voted by the Legislative Assembly for school operations shall be divided by the Minister on an equitable basis between the two distinct education sectors established under subsection 4(1).

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(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

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.

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.

46(3)For the purposes of this Act, the authorization of the use of school property under subsection (1) is not a lease.

46(4)Where the Minister leases property for school purposes and the owner retains the right to make the property available for the use of third parties when the property is not required for school purposes, all fees paid to the owner for such use may be retained by the owner unless otherwise provided for in the lease.

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,

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,

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).

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).

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.

48(2)The duties of a superintendent, with respect to the school district for which the superintendent is appointed or reappointed, include

48(3)A superintendent may, except with respect to the superintendent’s duties provided for under subsection (2), designate persons to act on behalf of the superintendent.

50(1)Subject to subsection (3), the Minister may enter into agreements with a municipality, a rural community, the Government of Canada or any other government or a person or organization for any purpose within the scope of this Act.

50(2)Without limiting the generality of subsection (1), the Minister may enter into agreements

50(3)The Minister, with the approval of the Lieutenant-Governor in Council, may enter into agreements with a municipality, a rural community, the Government of Canada or any other government or a person or organization to sell educational programs, educational services or educational materials outside the New Brunswick public education system.

50(4)The Minister, with the approval of the Board of Management, may retain from year to year a portion of the funds paid to the Minister under an agreement entered into under paragraph (2)(b) to be used in the betterment of the education of Mi’kmaq or Maliseet children.

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, a rural community, 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.

50(5)For the purposes of paragraph (2)(c), “handicapped person” means a person who

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

50.2(3)A District Education Council may expend

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).

51(1)The Minister may retain from year to year and expend, in such manner and for such purposes as the Minister considers appropriate, such sums of money as are

51(2)The Minister may retain from year to year and expend, in accordance with the terms of the trust, such sums of money as are received by the Minister in trust for specific purposes.

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.

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

54(1)Subject to subsections (1.1) and (3), the parent of a pupil or a pupil is entitled to access to pupil records maintained in respect of the pupil.

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.

54(2)Where a person is given access to a record in accordance with subsection (1), the superintendent concerned shall, where the superintendent believes it is necessary, explain or interpret the information disclosed on the record.

54(3)Where the superintendent concerned believes that access to a record maintained in respect of a pupil would be detrimental to the well-being or future development of or the educational opportunities for the pupil, the superintendent may

54(4)Where the superintendent concerned, having denied a person access to a record in accordance with paragraph (3)(a), believes it is not appropriate to describe or interpret any of the contents of the record in accordance with paragraph (3)(b), the superintendent shall make known to that person, at the time of such denial, the existence and general nature of the record.

54(5)A person who has been denied access to any record in accordance with paragraph (3)(a) may, in accordance with the regulations, appeal the denial.

54(6)The parent of a pupil who has been denied access to any record in accordance with paragraph (3)(a) is, notwithstanding such denial, entitled to make inquiries to the superintendent concerned and to be given general verbal information by the superintendent in relation to the educational progress of the pupil.

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.

57(1)The Lieutenant-Governor in Council may make regulations

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

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

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

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.