Acts and Regulations

E-1.12 - Education Act

Section 5
Disposition versions

Full text
Entitlement based on linguistic proficiency
5(1)A person entitled to free school privileges under section 8 is entitled
(a) if the person has sufficient linguistic proficiency in only one of the official languages of New Brunswick, to receive those privileges in a school district, school and class organized in that official language,
(b) if the person has sufficient linguistic proficiency in both of the official languages of New Brunswick, to receive those privileges in a school district, school and class organized in either of the official languages,
(c) if the person does not have sufficient linguistic proficiency in either of the official languages of New Brunswick, to receive those privileges in a school district, school and class organized in either of the official languages, or
(d) notwithstanding paragraph (a), if the person’s parent has rights under section 23 of the Canadian Charter of Rights and Freedoms, to receive those privileges in a school district, school and class organized in the French language.
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.
2000, c.52, s.7; 2021, c.10, s.1
Entitlement based on linguistic proficiency
5(1)A person entitled to free school privileges under section 8 is entitled
(a) if the person has sufficient linguistic proficiency in only one of the official languages of New Brunswick, to receive those privileges in a school district, school and class organized in that official language,
(b) if the person has sufficient linguistic proficiency in both of the official languages of New Brunswick, to receive those privileges in a school district, school and class organized in either of the official languages,
(c) if the person does not have sufficient linguistic proficiency in either of the official languages of New Brunswick, to receive those privileges in a school district, school and class organized in either of the official languages, or
(d) notwithstanding paragraph (a), if the person’s parent has rights under section 23 of the Canadian Charter of Rights and Freedoms, to receive those privileges in a school district, school and class organized in the French language.
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.
2000, c.52, s.7
Entitlement based on linguistic proficiency
5(1)A person entitled to free school privileges under section 8 is entitled
(a) if the person has sufficient linguistic proficiency in only one of the official languages of New Brunswick, to receive those privileges in a school district, school and class organized in that official language,
(b) if the person has sufficient linguistic proficiency in both of the official languages of New Brunswick, to receive those privileges in a school district, school and class organized in either of the official languages,
(c) if the person does not have sufficient linguistic proficiency in either of the official languages of New Brunswick, to receive those privileges in a school district, school and class organized in either of the official languages, or
(d) notwithstanding paragraph (a), if the person’s parent has rights under section 23 of the Canadian Charter of Rights and Freedoms, to receive those privileges in a school district, school and class organized in the French language.
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.
2000, c.52, s.7