BILL NO. 215
(as passed, with amendments)
2nd Session, 60th General Assembly
Nova Scotia
57 Elizabeth II, 2008
Education Act
(amended)
CHAPTER 54 OF THE ACTS OF 2008
The Honourable Karen Casey
Minister of Education
First Reading: November 7, 2008 (LINK TO BILL AS INTRODUCED)
Second Reading: November 17, 2008
Third Reading: November 21, 2008 (WITH COMMITTEE AMENDMENTS)
Royal Assent: November 25, 2008
An Act to Amend Chapter 1
of the Acts of 1995-96,
the Education Act,
Respecting the Governance of School Boards
Be it enacted by the Governor and Assembly as follows:
1 Subsection 46(1) of Chapter 1 of the Acts of 1995-96, the Education Act, as amended by Chapter 15 of the Acts of 1998, is further amended by
(a) adding "or appointed" immediately after "elected" in the second line;
(b) adding "or appointment" immediately after "nomination" in the last line of clause (a); and
(c) adding "or the day of appointment" immediately after "day" in the fourth line of clause (b).
2 Subsection 50(1) of Chapter 1, as amended by Chapter 18 of the Acts of 1998, is further amended by striking out "pursuant to the Municipal Elections Act" in the second and third lines and substituting "prescribed pursuant to the regulations".
3 Subsection 51(4) of Chapter 1 is repealed.
4 Chapter 1 is further amended by adding immediately after Section 51 the following Section:
(2) A vacancy in the seat of a member of a school board occurring within two years but not within six months of the next regularly scheduled election for school board members shall , following such consultation as the Minister considers appropriate, be filled by the Minister with a person qualified to be elected to that position.
(3) A vacancy in the seat of a member of a school board occurring more than two years before the next regularly scheduled election for school board members shall be filled by special election pursuant to the Municipal Elections Act.
6 Chapter 1 is further amended by adding immediately after Section 52 the following Sections:
(a) issuing a public reprimand by motion at an open meeting of the school board;
(b) revoking the member's right to sit as a member for one to three months;
(c) suspending the member from the school board, including the suspension of all the member's rights, duties and privileges as a member of the school board, for from one to three months;
(2) Where a member of a school board is censured pursuant to this Section, the member may appeal to a single adjudicator appointed by the Minister and the adjudicator may set aside or vary the censure as the adjudicator considers appropriate.
52B (1) Where pursuant to Section 52A the school board recommends to the Minister that the seat of a member of the school board be vacated, the Minister may, subject to subsection (2), vacate the member's seat.
(2) Where an appeal pursuant to subsection 52A(2) is in respect of censure pursuant to clause 52A(1)(d), no action to fill the vacancy may be taken before the adjudicator has rendered a decision and notified the Minister, the school board and the member of the decision.
(3) Where the Minister considers it necessary for a member of a school board to be censured and the school board fails to censure the member or to censure the member appropriately, the Minister may
(a) direct the school board to censure the member pursuant to clause 52A (1)(a), (b) or (c) as the Minister considers appropriate ; or
(4) Where the Minister directs a school board to censure a member pursuant to clause (3)(a), the school board shall comply with the Minister's direction.
8 (1) Subsection 56(1) of Chapter 1 is amended by striking out "one year" in the second line and substituting "two years".
(2) Subsection (1) applies with respect to chairs and vice-chairs of school boards elected following the 2008 and subsequent elections, whether elected before or after the coming into force of that subsection.
9 (1) Clause 58(1)(b) of Chapter 1 is repealed.
(2) Section 58 of Chapter 1 is further amended by adding immediately after subsection (1) the following subsection:
(a) relettering clause (aa) as clause (ab);
(b) adding immediately after clause (a) the following clause:
(c) striking out "a person" in the sixth last line and substituting "one or more persons".
12 Subsection 145(1) of Chapter 1, as amended by Chapter 5 of the Acts of 2002 and Chapter 15 of the Acts of 2007, is further amended by adding immediately after clause (sa) the following clauses:
(sc) prescribing the mandatory content of a code of ethics adopted by a school board;
(sd) respecting the appointment of adjudicators to hear appeals from a decision of a school board to censure a member of the school board;
(se) prescribing the mandatory content of a procedural by-law respecting the conduct of meetings of a school board;
14 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2008 Crown in right of Nova Scotia. Created December 3, 2008. Send comments to legc.office@novascotia.ca.
