(2) Notwithstanding Section 4 of the Halifax Regional Municipality Act, there shall not be an election for school boards in the County of Halifax in 1995 and, notwithstanding subsection (9) of that Section, there shall be school board elections in the County of Halifax in 1997.
(3) Subsection (2) has effect on and after October 16, 1995.
(4) Notwithstanding the Municipal Elections Act, the lists of electors used in the 1995 municipal elections for the Halifax Regional Municipality may be used in the school board elections in the County of Halifax in 1997.
(5) Notwithstanding Section 5 of the Queens Regional Municipality Act, there shall not be an election for school boards in the County of Queens in 1996 and, notwithstanding subsection (8) of that Section, there shall be school board elections in the County of Queens in 1997.
(6) Subsection (5) has effect on and after January 29, 1996.
(7) Notwithstanding the Municipal Elections Act, the lists of electors used in the 1996 municipal elections for the Region of Queens Municipality may be used in the school board elections in Queens County in 1997. 1995-96, c. 1, s. 41 .
Membership
42 (1) A school board consists of such number of members, not less than eight nor greater than eighteen, as determined by order of the Utility and Review Board.
(2) A school board is generally accountable to the electorate.
(3) A school district or school region consists of such electoral districts, as determined by order of the Utility and Review Board.
(4) After consultation with the Mi'kmaq community and the school board, the Minister may appoint a Mi'kmaq representative to each regional school board that has a tuition agreement with a Mi'kmaq band council and that representative is in addition to the number of members determined pursuant to subsection (1). 1995-96, c. 1, s. 42 .
African Nova Scotian representative
(a) "African Nova Scotian" means a person who is African Nova Scotian or a black person;
(b) "African Nova Scotian elector" means a person who is qualified to vote in an election of a school board who is also
(2) This Section does not apply with respect to the Conseil acadien.
(3) Notwithstanding any other provision of this Act, the membership of a school board includes, in addition to those members as determined by the Utility and Review Board, one African Nova Scotian representative, elected by African Nova Scotian electors throughout the school district or school region over which the school board has jurisdiction.
(4) The election of the African Nova Scotian member of a school board shall be held at the same time as the regularly scheduled elections to the school board.
(5) Notwithstanding the Municipal Elections Act,
is qualified to be a candidate for election as the African Nova Scotian member of a school board;
(b) only an African Nova Scotian elector may nominate a candidate for election as the African Nova Scotian member of a school board and a person nominating such a candidate shall be required to sign a statement stating that person's status as an African Nova Scotian elector, in a form prescribed pursuant to the Municipal Elections Act;
(c) where a person intends to vote in an election of an African Nova Scotian to a school board, that person shall not be required to take an oath or make an affirmation in a form attesting to that person's status as an African Nova Scotian elector, but shall be required to confirm the person's status as an African Nova Scotian elector as defined in the Education Act and, where a person wishes to provide the confirmation, the person may provide the confirmation by requesting the ballot to vote for the African Nova Scotian elector and that request constitutes the confirmation;
(d) where a person votes in an election of an African Nova Scotian member of a school board, that fact shall be entered in the poll book in the manner prescribed pursuant to the Municipal Elections Act;
(e) for greater certainty, the Minister of Housing and Municipal Affairs may, pursuant to the Municipal Elections Act, prescribe or alter any forms under that Act for the purpose of this Section; and
(f) the Municipal Elections officer may give such directions as may be necessary for the purpose of this Section.
(6) A returning officer shall accept
(a) subject to subsection 44(5) of the Municipal Elections Act, a signed statement, in a form prescribed pursuant to the Municipal Elections Act, of a candidate that the candidate is an African Nova Scotian as sufficient evidence that the candidate is an African Nova Scotian; or
(b) a statement signed pursuant to clause (5)(b) as sufficient evidence that the person is an African Nova Scotian elector if that person is qualified to vote in an election of a school board.
(7) A signed statement in good faith of a candidate that the candidate is an African Nova Scotian is conclusive evidence that the candidate is an African Nova Scotian.
(8) A statement signed pursuant to clause (5)(b) in good faith and stating that the person is an African Nova Scotian elector or a confirmation provided pursuant to clause (5)(c) in good faith confirming that the person is an African Nova Scotian elector is conclusive evidence that that person is an African Nova Scotian elector, if that person is qualified to vote in an election of a school board.
(9) Except as provided by this Section, the Municipal Elections Act applies mutatis mutandis to the election of the African Nova Scotian member to a school board as if the district or region over which the school board has jurisdiction were a single electoral district.
(10) A qualified African Nova Scotian elector may vote in a school board election for either
(a) a candidate for election as the African Nova Scotian member of the school board; or
(b) a candidate for election to the school board other than as the African Nova Scotian member of the school board,
(11) For greater certainty, a qualified African Nova Scotian elector, who votes in an election for either a candidate for election as the African Nova Scotian member of the school board or a candidate for election to the school board other than as the African Nova Scotian member of the school board, may vote for either candidate in a special election that follows the election. 2000, c. 11, s. 7; 2003, c. 9, s. 45.
Application to determine boundaries
43 Subject to clause 18(1)(d), in the year 1999 and every eighth year thereafter, every school board shall apply to the Utility and Review Board to confirm or change the number and boundaries of the electoral districts in the school district or school region. 1995-96, c. 1, s. 43; 1998, c. 18, s. 555 .
Powers and duties of Utility and Review Board
44 (1) In determining the number and boundaries of electoral districts, the Utility and Review Board shall make such decision as in its opinion is just, and is not restricted to the proposal advanced by a school board in its application.
(2) The Utility and Review Board may reject an application and require a school board to re-apply within such time as the Utility and Review Board directs, and may give such directions for the re-application as the circumstances of the case dictate.
(3) In determining the number and boundaries of electoral districts, the Utility and Review Board shall give consideration to
(a) subject to subsection 13(6), ensuring as nearly as practical equal numbers of electors in each electoral district;
(c) distribution of the school-age population;
(d) the principal language of instruction of the school board and language of instruction of the school population in areas of the district; and
(e) any other relevant matter that in the opinion of the Utility and Review Board affects the necessity, expediency or justice of the order sought.
(4) The Utility and Review Board shall, in setting the numbers and boundaries of electoral districts, have regard to the existing boundaries of polling districts and wards. 1995-96, c. 1, s. 44 .
Application of certain legislation
45 Subject to this Act, the powers of the Utility and Review Board and procedures set out in the Municipal Government Act apply mutatis mutandis. 1995-96, c. 1, s. 45; 1998, c. 18, s. 555 .
Qualifications of candidates
46 (1) Except as otherwise provided in this Act, every person is qualified to be elected as a member who
(a) is a Canadian citizen of the full age of eighteen years at the time of nomination;
(b) has been ordinarily resident in the school district or school region or in an area annexed to the school district or school region for a period of six months preceding nomination day, and continues to so reside; and
(c) repealed 1998, c. 18, s. 555.
(d) is not disqualified pursuant to this Act.
(2) No person is qualified to be nominated or to serve as a member of a school board who
(a) is a member of the House of Commons or Senate of Canada;
(b) is a member of the House of Assembly;
(c) is a member of another school board;
(d) is a judge of the Nova Scotia Court of Appeal, the Supreme Court of Nova Scotia or the Provincial Court of Nova Scotia;
(e) would be a member of a school board and a member of the council of a municipality at the same time;
(f) accepts or holds office or employment in the service of the school board;
(g) repealed 2003, c. 9, s. 46.
(h) has been convicted of any corrupt practice or bribery contrary to the Municipal Elections Act within the ten years preceding nomination day; or
(i) has been disqualified from any office pursuant to the provisions of the Municipal Conflict of Interest Act or the Municipal Elections Act and the period of disqualification has not expired.
(3) A member of a school board, if otherwise qualified, is eligible for re-election.
(4) Every person who sits or acts as a member of a school board after becoming disqualified is guilty of an offence for each day that the person so acts or sits. 1995-96, c. 1, s. 46; 1998, c. 18, s. 555; 2003, c. 9, s. 46 .
Elections
48 (1) The election of members of a school board shall take place concurrently with and as part of the regular municipal elections for members of the councils of municipalities.
(2) The election of members of a school board shall be conducted by the returning officers responsible for the conduct of municipal elections.
(3) Notwithstanding subsection (2), a special election may be conducted by the school board if the Minister consents.
(4) Any additional cost incurred by a municipality from
(a) the inclusion of the election of members of a school board with the regular municipal elections; or
(b) a special election for a member of a school board,
may be recovered by that municipality from the school board for which the cost was incurred.
(5) In the event that there is a dispute between a municipality and a school board over the amount to be recovered, the dispute shall be submitted to the Minister, who shall consult with the Minister of Municipal Affairs, or an official designated by the Minister of Municipal Affairs, and shall render a decision thereon, which decision is binding and final. 1995-96, c. 1, s. 48 .
Restriction on number of votes
49 (1) In this Section, "election" includes a special election.
(2) A voter shall cast only one vote for the election of a member of a school board at an election. 2003, c. 9, s. 48.
Term of office, first meeting and oath of office
50 (1) A member of a school board takes office after taking the oath of office pursuant to the Municipal Elections Act at the first meeting of the school board following the election at which the member was elected, or within such extended time as the school board allows, and holds office for four years or until the next elected school board members take office.
(2) The first meeting of the school board after an election shall be held not less than fourteen days nor more than thirty days after the election.
(3) The superintendent shall call the first meeting of a school board after an election.
(4) A judge or a justice of the peace may administer the oath of office.
(5) The secretary of the school board shall enter a certificate of the taking of the oath in the minutes. 1995-96, c. 1, s. 50; 1998, c. 18, s. 555 .
Vacating of seat
51 (1) The seat of a member becomes vacant if the member
(a) dies, resigns or ceases to reside in the school district or school region;
(b) acknowledges to the secretary of the school board or is found by a court to have become disqualified to serve pursuant to this Act or the Municipal Elections Act;
(c) neglects or refuses to take the oath required to be taken, at or before the first meeting of the school board after the election, or within such extended time as the school board allows.
(2) A member who is elected to the House of Assembly or the House of Commons or who is appointed to the Senate of Canada shall resign as a member of the school board within thirty days of such election or appointment.
(3) Where a seat becomes vacant, the secretary shall report the fact to the school board in writing and the school board shall thereupon declare the seat vacant.
(4) A vacancy in the seat of a member of a school board shall be filled by special election pursuant to the Municipal Elections Act. 1995-96, c. 1, s. 51 .
Consequences of absence from meetings
52 Where a member fails to attend three consecutive regular meetings of the school board without reasonable excuse satisfactory to the school board, the school board shall declare the seat of that member vacant, the member thereupon ceases to be a member of the school board and the school board shall forthwith call an election to fill the member's seat pursuant to the Municipal Elections Act. 1995-96, c. 1, s. 52 .
Effect of vacancy
53 A vacancy on a school board does not impair the authority of the remaining members to Act. 1995-96, c. 1, s. 53.
Remuneration and reimbursement
54 (1) In this Section, "Association" means the Nova Scotia School Boards Association.
(2) The Minister and the Association shall, on or before April 1st in the year 1997, the year 2000 and in every fourth year thereafter, jointly appoint a person to make an inquiry and a report respecting the remuneration to be paid to and the reimbursement for expenses incurred by members of school boards for the four-year period commencing when the members take office following the next election.
(3) A person appointed pursuant to subsection (2) shall complete the inquiry and deliver the report to the Minister and the Association on or before June 30th in the year in which the person is appointed.
(4) A person appointed pursuant to subsection (2) has all the powers and privileges and immunities of a commissioner pursuant to the Public Inquiries Act.
(5) The remuneration referred to in subsections (2) is to be a maximum annual stipend for the chair of a school board, a maximum annual stipend for a vice-chair of a school board and a maximum annual stipend for the other members of a school board.
(6) The reimbursement for expenses referred to in subsection (2) is to be a travel allowance at a rate per kilometre, specified levels of reimbursement for local expenses and specified levels of reimbursement for overnight accommodation, meals and auxiliary expenses incurred in attending meetings or conferences outside the school district.
(7) Members of a school board are entitled to such remuneration and reimbursement, not exceeding the remuneration and reimbursement set out in the report referred to in subsection (2), as the school board determines and are not entitled to any other remuneration or reimbursement as members of a school board. 1995-96, c. 1, s. 54; 1998, c. 18, s. 555.
Chair and vice-chair
55 (1) The members of a school board shall, at the first meeting of the school board after an election, and annually thereafter until the next election, elect a chair and a vice-chair from among the members.
(2) The superintendent shall preside at the first meeting of the school board until the chair of the school board is elected, unless a temporary chair is appointed by the members.
(3) For greater certainty, the superintendent shall not preside at more than one meeting of the school board.
(4) The school board shall, if a chair is not elected, choose a temporary chair to preside over the meetings of the school board until a chair is elected or appointed.
(5) Where a majority of the members do not agree upon the choice of a chair, the Governor in Council shall appoint a chair from among the members.
(6) The vice-chair shall perform the functions of the chair in the event of the absence or incapacity of the chair. 1995-96, c. 1, s. 55 .
Term of office
56 (1) The term of office of the chair and of the vice-chair is one year and they may be re-elected.
(2) Where a vacancy occurs in the office of the chair, the school board shall, at its first meeting after the vacancy occurs, elect a chair. 1995-96, c. 1, s. 56 .
Minimum number of meetings
57 Each school board shall meet at least four times in each year at such time and place as the chair designates or the by-laws prescribe. 1995-96, c. 1, s. 57 .
By-law making powers and community representatives
58 (1) A school board may, by by-law,
(a) fix the date, hour and place, or any of them, of the meetings of the school board;
(b) regulate its own proceedings and provide for preserving order at meetings of the school board;
(c) provide for standing and special committees of the school board.
(2) A school board may include on its committees representation from the community. 1995-96, c. 1, s. 58 .
Meetings
59 (1) All meetings of a school board shall be open to the public.
(2) A school board shall not determine by secret ballot any matter before it other than the election of a chair and vice-chair.
(3) Notwithstanding subsection (1), a meeting, or part of a meeting, of a school board may be held in private for the purpose of considering issues involving individual students, personnel matters or other confidential information as determined by a majority of the members of the school board present.
(4) Where a school board meets in private pursuant to subsection (3), the school board may not make any decision in private other than to revert to an open meeting.
(5) The person presiding at any meeting of the school board may cause to be expelled and excluded any person who is disrupting the proceedings of the school board. 1995-96, c. 1, s. 59 .
Conduct of meetings
60 (1) Subject to subsection (2), the chair of a school board shall preside at all meetings of the school board.
(2) During the temporary absence of the chair, the vice-chair shall preside or, if neither is present, the school board may appoint a person from among the members present to preside at the meeting.
(3) A quorum of a school board is a majority of its members serving at the time.
(4) All questions arising at a meeting of the school board shall be decided by a majority of votes.
(5) The chair has a right to vote on all questions before the school board and, in the event of a tie, the question voted on shall be deemed to be determined in the negative. 1995-96, c. 1, s. 60 .
Secretary and treasurer
61 (1) A school board shall appoint a secretary and a treasurer or a person as both secretary and treasurer.
(2) The secretary and the treasurer of the school board shall perform such duties as are assigned by the school board.
(3) The secretary and the treasurer of the school board shall, before entering upon or continuing to perform the duties of their offices, give security in the form of a bond or policy of a guarantee company, approved by the Governor in Council pursuant to the Sureties Act, in such amount as is prescribed by the school board, but in no case less than the amount of one hundred thousand dollars. 1995-96, c. 1, s. 61 .
Minutes and other records
62 (1) A copy of the minutes of a meeting of a school board certified by the secretary of the school board to be a true copy, or an extract from the minutes similarly certified, is admissible in evidence without proof of the signature or appointment of the secretary and is prima facie proof of the matters stated in the copy or extract.
(2) The books, records and accounts of a school board, of a committee of a school board and of the secretary of a school board or committee of the school board, including gross salaries of its employees and members of the school board and its committees, including employment and personal services contracts of employees but not including personnel records, shall be open to the inspection of any person without fee at all reasonable times. 1995-96, c. 1, s. 62; 2002, c. 5, s. 8 .
By-laws respecting records
63 (1) Subject to this Act and the Government Records Act, a school board may make by-laws with respect to the preservation, destruction or disposal of records of the school board.
(2) A school board shall not authorize the destruction of
(a) documents, plans and surveying records pertaining to or affecting the title to real property;
(b) records required to be kept by the provisions of any Act;
(c) records less than six years old;
(d) minutes, by-laws or resolutions of the school board;
(e) records relating to school attendance by students;
(f) records relating to student progress; or
(g) records relating to the employment and service of teachers.
(3) No record of a school board shall be destroyed pursuant to a by-law of the school board unless
(a) the secretary of the school board has submitted to the school board the secretary's certificate stating that the secretary has personally examined the records proposed to be destroyed and that, in the secretary's opinion, there is nothing of value therein; and
(b) the school board has approved the destruction of the records referred to in the certificate. 1995-96, c. 1, s. 63 .
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