Council on African-Canadian Education
139 (1) There is hereby established a Council on African-Canadian Education.
(2) The Minister shall establish the terms of reference for the Council on African-Canadian Education in consultation with the Black Learners Advisory Committee.
(a) promote the rights and interests of African-Nova Scotians by providing recommendations to the Minister on programs and services in public schools and on adult education; and
(b) perform such other duties as determined by the regulations.
(4) Pending the appointment of the members of the Council pursuant to subsection (5), the Council is composed of the members of the Black Learners Advisory Committee.
(5) Members of the Council shall be appointed by the Minister for such terms and upon such conditions as determined by the regulations.
(6) The Council shall meet at least four times a year.
(7) Meetings of the Council shall be presided over by a member of the Council chosen by the Council.
(8) The members of the Council are entitled to such remuneration and shall be reimbursed for such reasonable expenses as are necessarily incurred in carrying out their duties, as the Governor in Council determines by regulation. 1995-96, c. 1, s. 139.
Duties of school boards
(a) provide and implement programs and policies promoting African-Canadian education; and
(b) include in learning materials information respecting the history, heritage, culture, traditions and the contribution to society of African people. 1995-96, c. 1, s. 140.
Powers of Minister
(a) subject to the regulations, direct the expenditure of all sums appropriated by the Legislature for educational purposes;
(b) prescribe the conditions of graduation from the Nova Scotia Teachers College;
(c) authorize and empower the Nova Scotia Teachers College to confer such degrees, honours, diplomas and certificates in education as the Minister may specify;
(d) determine the requirements and conditions with which a person must comply to receive a degree, honour, diploma or certificate in education from the Nova Scotia Teachers College;
(e) subject to the regulations, classify teachers and grant teachers' certificates and permits;
(f) after consultation with a school board, approve plans for school buildings;
(g) maintain and operate the Nova Scotia School Book Bureau for the purchase, sale and distribution of school books and other learning materials prescribed by the regulations for use in the public schools;
(h) establish a trust fund, to be known as the Maintenance Stabilization Trust Fund, for the purpose of lending money to school boards for capital purposes;
(i) make loans from the Maintenance Stabilization Trust Fund to school boards, on such terms and conditions as the Minister determines;
(j) require that reports and returns be made by teachers, school advisory councils, school boards and others engaged in the conduct or management of public schools;
(k) effect improvement generally in the conduct and administration of school boards, and, among other things, consult with, assist and advise school boards, develop proper methods of school board administration, financing, accounting and auditing, collaborate with public education organizations and other bodies and collect, compile and disseminate education statistics and information;
(l) do such other things as the Minister deems necessary to carry out effectively the Minister's duties under this Act. 1995-96, c. 1, s. 141 .
Regional education officers
142 (1) The Minister may appoint persons in the Civil Service as regional education officers for the purpose of this Act.
(2) A regional education officer shall
(a) act as an educational adviser to one or more school boards;
(b) visit schools and report to the Minister on the educational activities at the schools and the conditions of the schools, consult with and co-operate with other educational agencies and generally aid the Minister in keeping in touch with educational conditions throughout the Province;
(c) promote the advancement of education by holding public meetings; and
(d) perform such other duties as the Minister determines. 1995-96, c. 1, s. 142 .
Application of legislation to certain payments
143 (1) The payments made by the Minister or a school board for all or a portion of the cost of any policy of insurance or any other benefits plan provided to teachers including, without limiting the generality of the foregoing, life insurance, accidental death and dismemberment insurance or medical and dental plans are financial assistance for the purpose of the Auditor General Act and subject to audit by the Auditor General.
(2) Subsection 85(4) applies mutatis mutandis to an audit pursuant to this Section. 1995-96, c. 1, s. 143.
Power of Governor in Council respecting money
144 The Governor in Council may receive in trust, hold and spend sums of money donated, bequeathed or subscribed for the use of public schools. 1995-96, c. 1, s. 144 .
Regulations by Minister
145 (1) The Minister may make regulations
(a) after consultation with the Council on Mi'kmaq Education, respecting the Council on Mi'kmaq Education;
(b) after consultation with the Council on African-Canadian Education, respecting the Council on African-Canadian Education;
(c) prescribing the time in session, holidays and vacations of all public schools;
(d) prescribing the minimum number of hours of instruction to which students in the public schools are entitled;
(e) prescribing reporting systems and forms for the administration and effective carrying out of this Act;
(f) for the administration of the Nova Scotia School Book Bureau;
(g) prescribing courses of study and authorizing learning materials for use in the public schools;
(h) establishing a provincial policy respecting the discipline of students;
(i) establishing a provincial policy respecting special-education programming and services;
(j) respecting students who have been suspended;
(k) prescribing an appeal process for where there is a disagreement between a school board and a parent of a child with special needs respecting the individualized program plan for that child;
(ka) defining "senior staff" for the purpose of subsections 64(3A), (3B) and (3C);
(kb) respecting an administrative structure and a compensation framework for the purpose of subsections 64(3B) and (3C);
(l) prescribing the manner and form in which a school board is to report, as required by this Act, the payments, including salaries and expenses, made to and benefits conferred on members and employees of the school board;
(m) prescribing the manner in which a school board is to identify public schools to be considered for permanent closing;
(n) governing the permanent closing of a public school by a school board where the school board does not have a by-law governing such closing;
(o) defining "permanent closing" for the purpose of clauses (m) and (n);
(p) prescribing the public school program of education to be provided and administered by school boards;
(q) for the support, conduct, operation and management of public schools and services;
(r) respecting the Nova Scotia Teachers College;
(s) respecting school advisory councils;
(sa) establishing a Provincial conflict of interest policy for school board staff;
(t) approving a financial management system respecting estimates, bookkeeping and accounting to be adopted by school boards, and the form of and the manner in which all estimates, books of account, registers, records, vouchers, receipts and other books and documents relating to the assets, liabilities, revenues and expenditures of school boards shall be kept, and the manner in which all funds and moneys thereof shall be accounted for.
(2) The exercise by the Minister of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act. 1995-96, c. 1, s. 145; 2002, c. 5, s. 15.
Regulations by Governor in Council
146 (1) The Governor in Council may make regulations
(a) respecting the expenditure, by way of grants, of moneys from time to time appropriated by the Legislature for grants for educational purposes and prescribing the terms and conditions upon which such grants shall be paid;
(b) respecting surplus operating funds of school boards;
(c) prescribing or prohibiting the investment of money of school boards and prescribing investments or classes of investments in which such money may be invested for the sound and efficient management of any money of school boards;
(ca) respecting the composition of an audit committee of a school board and the terms of reference of that committee;
(d) respecting the construction, location and control of public school buildings;
(e) respecting the classification of teachers and the granting, cancellation and suspension of teachers' certificates and permits, and requiring the collection and payment of fees respecting initial certificates, duplicate certificates and renewal certificates and higher classes of certificates and statements of professional standing;
(f) requiring teachers and any other class or classes of employees of school boards or of persons providing services for school boards to undergo medical examinations, prescribing the nature of those examinations and the conditions under which they shall be given, and subject to the Health Protection Act prescribing the conditions under which such teachers and employees may continue teaching or in employment in or in connection with public schools;
(g) prescribing terms and conditions relating to cancellation, suspension or modification of contracts between teachers and school boards as a result of medical examinations made pursuant to the regulations;
(h) prescribing the legal age limit for students and the conditions of satisfactory attendance for public schools;
(i) prescribing the method for determining those who are entitled to receive a French-first-language program in the Province;
(j) establishing procedures for determining the demand for French-first-language programs in the Province;
(k) providing for the manner in which students may be transferred between a school of the Conseil acadien and a school of another school board;
(l) providing for the sharing of enrolment information between the Conseil acadien and another school board;
(m) providing for the method of determining the location of French-first-language program educational facilities;
(n) providing for the conveyance of students, including the conveyance of students to facilities providing a French-first-language program;
(o) generally providing for the provision and administration of French-first-language programs in the Province;
(p) respecting such other matters as the Governor in Council deems necessary or advisable for French-first-language programs;
(q) respecting home education programs including, without limiting the generality of the foregoing, the appointment of independent assessors;
(r) respecting private schools;
(s) respecting any matter that the Governor in Council may deem necessary or advisable to give effect to the designation of a school region or for the effective establishment and operation of all regional school boards or a particular regional school board;
(t) determining the remuneration of and respecting the reimbursement for expenses of members of the Council on Mi'kmaq Education;
(u) determining the remuneration of and respecting the reimbursement for expenses of members of the Council on African-Canadian Education;
(v) prescribing the fees to be paid to the Minister and to the school board by foreign students;
(w) prescribing the fees to be paid to the Minister for services rendered by the Department of Education and Culture;
(x) setting the maximum percentage of the school board budget or the maximum amount that may be spent for non-instructional purposes;
(xa) respecting students with special needs attending approved special education private schools, including
- (i) defining special needs,
(ii) determining eligibility requirements of students,
(iii) approving special education private schools,
(iv) the monitoring of approved special education private schools,
(v) the funding with respect to students with special needs attending approved special education private schools, including grants or funding based on income,
(vii) the appointment and remuneration of a person to approve applications for funding referred to in subclause (v),
(ix) authorizing the Minister to perform the functions referred to in subclauses (i) to (viii);
(xc) for the purpose of subsection 64(5);
(y) respecting confidentiality of information held by a school board or a school with respect to students and the release of such information;
(ya) respecting any matter, including the modification, restriction or enlargement of words, expressions or provisions, that the Governor in Council may deem necessary or advisable to give effect to the establishment and operation of district school boards or a particular district school board;
(yb) prescribing additional duties of a director of education of a district school board;
(yc) prescribing additional duties of the Chief Executive Officer of the Southwest Regional School Board;
(yd) designating a school region and a regional school board or the Conseil acadien for the purpose of Section 10J and determining the extent and terms and conditions upon which Sections 10A to 10I apply in each case;
(ye) determining which provisions of this Act apply to the Southwest Regional School Board, and any school board designated pursuant to clause (yd), and which provisions apply to the district school boards, or to both;
(z) defining any word or expression used in this Act and not defined herein;
(aa) respecting any other matter the Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act. 1995-96, c. 1, s. 146; 2000, c. 11, s. 9; 2002, c. 5, s. 16; 2004, c. 3, s. 19; 2004, c. 4, s. 110.
Substituted reference
152 A reference in any Act of the Legislature or in any rule, order, regulation, by-law, ordinance or proceeding or in any document whatsoever to the Department of Education or the Minister or Deputy Minister of that Department, whether the reference is by official name or otherwise, shall as regards any subsequent transaction, matter or thing be held and construed to be a reference to the Department of Education and Culture or to the Minister or Deputy Minister of that Department, respectively, where the reference relates to an affair, matter or function that, by or pursuant to the Public Service Act or this Act, is assigned to the Department of Education and Culture or to the Minister or Deputy Minister of that Department. 1995-96, c. 1, s. 152.
School Boards Act repealed
153 Chapter 6 of the Acts of 1991, the School Boards Act, is repealed. 1995-96, c. 1, s. 153.
Former Act repealed
155 (1) The former Act is repealed.
(2) Notwithstanding subsection (1), the council of a municipality may levy an area rate pursuant to the former Act where a school board requested the area rate before this Act came into force. 1995-96, c. 1, s. 155 .
Abolition of boards of trustees
(a) all boards of trustees under this Act are dissolved; and
(b) the heading immediately preceding Section 94 and Sections 94 to 110 are repealed. 1995-96, c. 1, s. 156.
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